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Full text of "Compilation of National Park Service Laws: 108th Congress"

J8H 

131.44 
LH4/a/aoo3-<soo4- 



COMPILATION 



OF 



NATIONAL PARK SERVICE LAWS 



,TH 



108'" CONGRESS 




January 2003 to December 2004 



Univffsity of Georgia 

JAN 2 ^ 2606 

LIBRARIES 
DEPOSITORY 



Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/compilationofnat108unse 



FOREWORD 

This compilation includes all laws enacted by the 108* Congress (2003-2004) 
that affect the National Park Service. We have included both park bills passed 
individually, as well as any legislation concerning national parks that was included 
in appropriations bills. Li each case, we have noted in the index the specific section 
of the act where the language can be found. 

The text used for each public law is the same version as is found in the United 
States Statutes at Large. A line of stars in the text denotes omitted, extraneous 
material. 

In addition to the public laws, this compilation includes copies of any 
presidential proclamations and executive orders that affect the National Park 
Service. The one presidential proclamation affecting Governors Island is found 
under the National Monuments heading, while the executive orders are found under 
their own heading. 

We appreciate the assistance of LaTonya Ward in compiling these laws. If you 
have any questions, please feel free to contact us. 



Jeffrey K. Taylor Donald J. Helhnann 

Assistant Director Deputy Assistant Director/ 

Legislative and Congressional Affairs Chief of Legislation 

Legislative and Congressional Affairs 



August, 2005 



TABLE OF CONTENTS 

NATIONAL PARK SERVICE LAWS 2003-2004 
108* Congress 

L General Legislation: 

1. Commemorative Works Act Amendments, Title II, P.L. 108-126 96 

2. Competitive Sourcing, Sec. 340, P.L. 108-108 89 

3. Concessions, Admin. Provisions, NPS, Title I, Div. E, P.L. 108-447 , 277 

4. Federal Employees: 

(a) Sec. 147, Div. H, P.L. 108-199 146 

(b) P.L. 108-41 1 236 

5. Federal Law Enforcement: 

(a) P.L. 108-196 130 

(b)P.L. 108-277 169 

6. Fee Authority: 

(a) Sec. 332, P.L. 108-108 88 

(b) Title VIII, Div. J, P.L. 108-447 333 

7. Historically Black Colleges and Universities, Sec. 150, Title I, Div. F, P.L. 108-7 17 

8. National Historic Light Stations Conveyances, Sec. 627, P.L. 108-293 185 

9. National Historic Preservation Act, Sec. 13, P.L. 108-352 214 

10. National Park Service Organic Act, Sec. 10, P.L. 108-352 214 

11. National Park System General Authorities Act, Sec. 10, P.L. 108-352 214 

12. Overflights of National Parks, Sec. 323, P.L. 108-176 1 19 

13. Park Police: 

(a) P.L. 108-133 104 

(b) Sec. 11, P.L. 108-352 , 214 

14. Surface Transportation Extension, P.L. 108-202 151 

II. Appropriations: 

L Consolidated Appropriations Resolution for FY 2003, P.L. 108-7 1 

2. Consolidated Appropriations Act for FY 2004, P.L. 108-199 132 

3. Consolidated Appropriations Act for FY 2005, P.L. 108-447 271 

4. Department of Defense Appropriations for FY 2004, P.L. 108-87 48 

5. Department of the Interior Appropriations for FY 2004, P.L. 108-108 56 

6. District of Columbia Appropriations for FY 2005, P.L. 108-335 197 

7. Energy and Water Development Appropriations Act for FY 2004, P.L. 108-137 107 

in. National Parks: 

1. Black Canyon ofthe Gunnison, P.L. 108-128 101 

2. Congaree: 

(a) Sec. 135, P.L. 108-108 68 

(b) Sec. 148, P.L. 108-108 79 

(c) Sec. 139, Div. H, P.L. 108-199 144 



3. Everglades: 

(a) Sec. 157, Title I, Div. F, P.L. 108-7 19 

(b) Construction Acct., Title I, P.L. 108-137 109 

(c) Sec. 1, P.L. 108-483 356 

4. Grand Teton: 

(a) P.L. 108-32 37 

(b) Sec. 825, P.L. 108-176 121 

(c) Sec. 146, Title I, Div. E, P.L. 108-447 291 

5. Great Smoky Mountains: 

(a) Sec. 138, P.L. 108-108 69 

(b) P.L. 108-343 207 

6. Hawai'i Volcanoes, Sec. 3, P.L. 108-352 212 

7. Kenai Fjords, Sec. 344, Title IH, Div. E, P.L. 108-447 301 

8. Mount Rainier, P.L. 108-312 189 

9. Petrified Forest, P.L. 108-430 266 

10. Rocky Mountain, Sec. 140, Title I, Div. F, P.L. 108-7 16 

11. Sequoia, Sec. 139(b) and (c), Title I, Div. E, P.L. 108-447 285 

12. Shenandoah, Construction Acct., Title I, Div. E, P.L. 108-447 275 

13. Yellowstone, Sec. 146, Title I, Div. E, P.L. 108-447 291 

14. Zion, Sec. 140, Title I, Div. F, P.L. 108-7 16 

IV. National Parks and Preserves: 

1. Glacier Bay, Sec. 616, P.L. 108-293 183 

V. National Preserve: 

1. Big Cypress, Sec. 2, P.L. 108-483 357 

2. Mojave: 

(a) Sec. 328, Title III, Div. F, P.L. 108-7 28 

(b) Sec. 8121, P.L. 108-87 50 

(c) Sec. 325, P.L. 108-108 86 

(d) Sec. 141, Title I, Div. E, P.L. 108-447 287 

3. Tallgrass Prairie, Sec. 17, P.L. 108-352 215 

4. Timucuan, P.L. 108-321 195 

VI. National Historical Parks: 

l.Chaco Culture, P.L. 108-413 256 

2. Cumberland Gap, Sec. 150, Div. H, P.L. 108-199 147 

3. DaytonAviation, Sec. 513,TitleV, Div. J,P.L. 108-447 323 

4. Harpers Ferry, P.L. 108-307 187 

5. Kaloko-Honokohau, P.L. 108-142 HI 

6. Keweenaw, National Recreation and Preservation Acct., 

Title I, Div. E, P.L. 108-447 274 

7. Lewis and Clark, Title I, P.L. 108-387 226 

8. New Bedford Whaling, Sec. 154, Title I, Div. F, P.L. 108-7 18 

ii 



9. Rosie the Riveter/WWII Home Front, Sec. 6, P.L. 108-352 213 

VII. National Battlefields: 

1. Fort Donelson, P.L. 108-367 216 

2. Wilson's Creek, P.L. 108-394 233 

VIII. National Militeiry Parks: 

1. Chickamauga and Chattanooga, Sec. 160, Title I, Div. F, P.L. 108-7 19 

2. Vicksburg, Sec. 15, P.L. 108-352 214 

IX. National Historic Sites: 

1. Allegheny Portage Raikoad, Sec. 16, P.L. 108-352 215 

2. Carter G. Woodson Home, P.L. 108-192 128 

3. Fort Vancouver, P.L. 108-63 45 

4. Frederick Douglass, P.L. 87-633, 76 Stat. 435 (1962) 387 

5. Harry S Truman, P.L. 108-396 235 

6. John Muir, P.L. 108-385 225 

7. Kate Mullany, P.L. 108-438 ; 269 

8. Martin Luther King, Jr., P.L. 108-314 193 

X. National Memorials and Memorial Parks 

1. Adams, Sec. 142, Title I, Div. F, P.L. 108-7 16 

2. Jefferson National Expansion, P.L. 108-348 211 

3. Johnstown Flood, P.L.108-313 191 

^>i 4. Lincoln Memorial, Sec. 4, P.L. 108-352 212 

5. Martin Luther King, Jr., P.L. 108-125 94 

6. Oklahoma City: 

(a) Operation of National Park System and National Recreation 

& Preservation Accts., P.L. 108-108 57, 58 

(b) Sec. 544, Title V, Div. F, P.L. 108-199 140 

7. Mt. Soledad Veterans, Sec. 1 16, Title I, Div. J, P.L. 108-447 312 

8. Vietnam Veterans, Title I, P.L. 108-126 95 

XI. National Monuments: 

1. Aztec Ruins, P.L. 108-413 256 

2. Cape Krusenstem, Sec. 337, Title III, Div. F, P.L. 108-7 30 

3. Castillo de San Marcos, P.L. 108-480 353 

4. Fort Frederica, P.L. 108-417 258 

5. Governor's Island: 

(a) Sec. 136, Title I, Div. E,P.L. 108-447 285 

(b) Proclamation No. 7647 359 

6. Montezuma Castle, P.L. 108-190 124 

7. Organ Pipe Cactus, P.L. 108-64 47 

8. Statue of Liberty, Sec. 136, Title I, Div. E, P.L. 108-447 285 

iii/. 



XII. National Seashores/Lakeshores: 

1. Apostle Islands, Sec. 140, Title I, Div. E, P.L. 108-447 286 

2. Cumberland Island, Sec. 145, Title I, Div. E, P.L. 108-447 289 

3. Sleeping Bear Dunes, P.L. 108-229 168 

XIII. National Recreation Areas: 

1. Boston Harbor Islands, Sec. 12, P.L. 108-352 214 

2. Chickasaw, P.L. 108-389 230 

3. Delaware Water Gap, Sec. 348, Title III, Div. E, P.L. 108-447 302 

4. Glen Canyon, P.L. 108-43 41 

5. Golden Gate: 

(a) Sec. 1 14, Title I, Div. F, P.L. 108-7 12 

(b)Sec. 118, P.L. 108-108 66 

6. Lake Roosevelt, Sec. 325, P.L. 108-108 86 

XV. National Rivers: 

1. New River Gorge, Sec. 150, P.L. 108-108 79 

XVL National Parkways: 

1. Blue Ridge, Sec. 138, P.L. 108-108 69 

2. John D. Rockefeller, Jr., Sec. 146, Title I, Div. E, P.L. 108-447 291 

XVn. National Capital Parks 

1. Anacostia, Sec. 344, P.L. 108-335 199 

XVin. National Trails System: 

l.ElCaminoRealdelosTejas, P.L. 108-342 205 

2. Technical Amendments, Sec. 14, P.L. 108-352 214 

XIX. National Heritage Areas: 

1. Blue Ridge, Sec. 140, P.L. 108-108 72 

2. Delaware and Lehigh National Heritage Corridor, Sec. 141, Div. H, P.L. 108-199 .... 145 

3. Lackawanna Valley, Sec. 2, P.L. 108-352 212 

4. Mississippi Gulf Coast, Title VU, Div. J, P.L 108-447 330 

5. National Aviation, Title V, Div. J, P.L. 108-447 317 

6. Oil Region, Title VI, Div. J, P.L. 108-447 324 

XX. Wild and Scenic Rivers: 

1. Technical Amendments, Sec. 5, P.L. 108-352 212 

XXI. Miscellaneous Enactments: 

1. Abraham Lincoln Bicentennial Commission, P.L. 108-59 42 

2. American Revolution 225* Anniversary, Title II, Div. J, P.L. 108-447 314 

iv 



3. Brown Tree Snake Control and Eradication Act of 2004, P.L. 108-384 219 

4. Carl T. Curtis NPS Midwest Regional Headqtrs. Bldg., P.L. 108-37 39 

5. Coltsville, CT (study), P.L. 108-94 54 

6. California Missions Preservation, P.L. 108-420 259 

7. Capital Concerts, Sec. 130, Title I, Div. F, P.L. 108-7 15 

8. Fairbanks, AK Heritage Education Ctr., Sec. 141, Title I, Div. F, P.L. 108-7 16 

9. Fort Bayard National Historic Landmark, NM, P.L. 108-209 166 

10. Harriet Tubman Sites (study), MD & NY: 

(a) Sec. 8, P.L. 108-352 213 

(b) Sec. 323, Title lU, Div. E , P.L. 108-447 298 

11. Harriet Tubman Home, NY, Sec. 141, P.L. 108-108 78 

12. Hibben Center, NM, P.L. 108-413 256 

13. Highlands Region Conservation, CT, NJ, NY, & PA; P.L. 108-421 262 

14. Jamestown Settlement 400* Anniversary Commemorative Coin, P.L. 108-289 172 

15. Kris Eggle Memorial, Administrative Provision, NPS, P.L. 108-108 61 

16. Lewis and Clark Interpretive Center, P.L. 108-62 44 

17. Lewis and Clark National Historic Landmark Theme Study, Eastern Sites (study), . 

Title II, P.L. 108-387 229 

19. Manhattan Project Sites (study), P.L. 108-340 203 

20. Miami Circle, FL (study), P.L. 108-93 52 

21. Migratory Birds, Sec. 143, Title I, Div. E, P.L. 108-447 288 

22. National Museum of African American History, Sec. 136-137, Title I, 

Div. F, P.L. 108-7 15 

23. Noxious Weed Control and Eradication, P.L. 108-412 251 

24. Nutria Eradication and Control, MD & LA, P.L. 108-16 33 

25. Peleliu Battlefield 60* Anniversary Commemoration, P.L. 108-479 351 

26. Public Land Management Agency Foundations' Travel, Sec. 9, P.L. 108-352 213 

27. San Gabriel River Watershed (study), P.L. 108-42 40 

28. Sentinel Island Light Station Conveyance, Sec. 612, P.L. 108-293 180 

29. Train to the Mountain Project (study), WA, National Recreation and Preservation Acct., 

Title I, Div. E, P.L. 108-447 274 

30. Veterans Memorial Preservation & Recognition Act of 2003, P.L. 108-29 35 

31. Vicksburg Campaign Trail Battlefields (study). Sec. 7, P.L. 108-352 213 



EXECUTIVE ORDERS, January 20, 2003 -December 31, 2004 

13285 January 29, 2003 President's Council on Service and Civic Participation 362 

13287 March 3, 2003 Preserve America 364 

13316 September 17, 2003 Continuance of Certain Federal Advisory Committees 368 

13327 February 4, 2004 Federal Real Property Asset Management 370 

13330 February 24, 2004 Human Service Transportation Coordination 374 

1 3340 May 1 8, 2004 Establishment of Great Lakes Interagency Task Force and 

Promotion of a Regional Collaboration of National Significance 
for the Great Lakes 377 



13347 July 22, 2004 Individuals with Disabilities in Emergency Preparedness 380 

13352 August 26, 2004 Facilitation of Cooperative Conservation 382 

13366 December 17, 2004 Committee on Ocean Policy 384 

Appendix I 

National Park System Technical Amendments Act of 2004, P.L. 108-352 212 

Appendix II 

Frederick Douglass Home, P.L. 87-633, 76 Stat. 435 (1962) 387 

Secretarial Order, Designation of Frederick Douglass National Historic Site (1988) 389 

Frederick Douglass National Historic Site, 53 F.R. 47770 (1988) 390 

Frederick Douglass National Historic Site, 53 F.R. 49824 (correction- 1988) 392 



VI 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 11 



Public Law 108-7 
108th Congress 

Joint Resolution 

Making consolidated appropriations for the fiscal year ending September 30, 2003, Feb. 20, 2003 

and for other purposes. [J^J. Res. 2] 

Resolved by the Senate and House of Representatives of the 

United States of America in Congress assembled, Consolidated 

AopropriationB 

SECTION 1. SHORT TITLE. feiolution, 2003. 

This joint resolution may be cited as the "Consolidated Appro- 
priations Resolution, 2003". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this joint resolution is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG AD- 
MINISTRATION. AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 
2003 

Title I — ^Agricultural Programs 

Title n — Conservation Programs 

Title HI — ^Rural Development Programs 

Title IV — Domestic Food Programs 

Title V — ^Foreign Assistance and Related Programs 

Title VI — Related Agencies and Food and Drug Administration 

Title VII — General Provisions 

DIVISION B— COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
RELATED AGENCIES APPROPRIATIONS, 2003 

Title I — Department of Justice 

Title n — ^Department of Commerce and Related Agencies 

Title III— The Judiciary 

Title IV — ^Department of State and Related Agency 

Title V — Related Agencies 

Title VI — General Provisions 

Title VII — ^Rescissions 

DIVISION C-DISTRICT OF COLUMBLV APPROPRIATIONS, 2003 

Title I— Federal Funds 

Title n— District of Columbia Funds 

Title HI — General Provisions 

DIVISION D— ENERGY AND WATER DEVELOPMENT APPROPRIATIONS, 2003 

Title I — Department of Defense — Civil: Department of the Army 
Title II — ^Department of the Interior 
Title III — ^Department of Energy 
Title IV — ^Independent Agencies 
Title V — General Provisions 

DIVISION E— FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 

PROGRAMS APPROPRIATIONS, 2003 
Title I — ^Export and Investment Assistance 



117 STAT. 12 PUBLIC LAW 108-7— FEB. 20, 2003 

Title II — Bilateral Economic AsBistance 
Title ni — Military Assistance 
Title rv — ^Multilateral Economic Assistance 
Title V — General Provisions 

DIVISION F— INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003 

Title I — Department of the Interior 

Title II — Related Agencies 

Title III — General Provisions 

Title IV— Tuf Shur Bien Preservation Trust Area 

Title V — ^National Forest Organizational Camp Fee Improvement Act of 2003 

DIVISION G-LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, 
AND RELATED AGENCIES APPROPRIATIONS, 2003 

Title I — Department of Labor 

Title II — Department of Health and Human Services 

Title ni — Department of Education 

Title rv — Related Agencies 

Title V — General Provisions 

DIVISION H— LEGISLATIVE BRANCH APPROPRIATIONS, 2003 

Title I — Legislative Branch Appropriations 
Title II— <J€nerai Provisions 

DIVISION I— TRANSPORTATION AND RELATED AGENCIES 
APPROPRIATIONS, 2003 

Title I — Department of Transportation 
Title II — Related Agencies 
Title III — General Provisions 

DIVISION J— TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS, 

2003 

Title I — Department of the Treasury 
Title n— Postal Service 

Title in — Executive Office of the President and Funds Appropriated to the Presi- 
dent 
Title IV — Independent Agencies 
Title V — General Provisions — ^This Act 
Title VI — General Provisions — Departments, Agencies, and Corporations 

DIVISION K— VETERANS AFFAIRS AND HOUSING AND URBAN 
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS, 2003 

Title I — Department of Veterans Affairs 

Title II — Department of Housing and Urban Development 

Title III — Independent Agencies 

Title IV — General Provisions 

DIVISION L-HOMELAND SECURITY ACT OF 2002 AMENDMENTS 

DIVISION M— DEFENSE MATTERS 

DIVISION N— EMERGENCY RELIEF AND OFFSETS 

Title I— Election Reform 

Title n — ^Agricultural Assistance 

Title UI— Wildland Fire Emergency 

Title IV— TANF and Medicare 

Title V — Fisheries Disasters 

Title VI— Offsets 

Title VII — Bonneville Power Administration Borrowing Authority 

DIVISION O— PRICE-ANDERSON ACT AMENDMENTS 

DIVISION P— UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW 

COMMISSION 

1 use 1 note. SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to "this 
Act" contained in any division of this joint resolution shall be 
treated as referring only to the provisions of that division. 



117 STAT. 216 



PUBLIC LAW 108-7— FEB. 20, 2003 



Department of 
the Interior and 
Related Agencies 
Appropriations 
Act. 2003. 



procedures on classification, and shall provide a copy of such order 
to the Committees on Appropriations. 

(c) In making determinations concerning declassification and 
release of relevant information, all Federal agencies and depart- 
ments should use the discretion contained within such existing 
standards and procedures on classification in support of releasing, 
rather than withholding, such information. 

(d) All reasonable efforts should be taken by the American 
Embassy in Guatemala to work with relevant agencies of the Guate- 
malan Government to protect the safety of American citizens in 
Guatemala, and to assist in the investigations of violations of 
human rights. 

This division may be cited as the "Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2003". 

DIVISION F— INTERIOR AND RELATED AGENCIES 
APPROPRIATIONS, 2003 

Joint Resolution 

Making appropriations for the Department of the Interior and related agenries 
for the fiscal year ending September 30, 2003, and for other purposes. 

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Department of 
the Interior and related agencies for the fiscal year ending Sep- 
tember 30, 2003, and for other purposes, namely: 

TITLE I— DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi- 
tion of easements and other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 
3150(a)), $825,712,000, to remain available until emended, of which 
$1,000,000 is for high priority projects which shall be carried out 
by the Youth Conservation Corps; of which $2,500,000 shall be 
available for assessment of the mineral potential of public lands 
in Alaska pursuant to section 1010 of Public Law 96-487 (16 
U.S.C. 3150); and of which not to exceed $1,000,000 shall be derived 
fi*om the special receipt account established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 4601-6a(i)); and 
of which $3,000,000 shall be available in fiscal vear 2003 subject 
to a match by at least an equal amount by the National Fish 
and Wildlife Foundation, to such Foundation for cost-shared proiects 
supporting conservation of Bureau lands and such fimds shall be 
advanced to the Foundation as a lump siun grant without regard 
to when expenses are inctured; in addition, $32,696,000 for Mining 
Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available 



117 STAT. 224 PUBLIC LAW 10&-7— FEB. 20, 2003 

together with funds appropriated in 2005, in the manner provided 
herein: Provided further, That balances from amotmts previously 
appropriated under the heading "State Wildlife Grants shall be 
transferred to and merged with this appropriation and shall remain 
available until expended. 

ADMINISTRATIVE PROVISIONS 

Appropriations and funds available to the United States Fish 
and Wildlife Service shall be available for purchase of not to exceed 
102 passenger motor vehicles, of which 75 are for replacement 
only (including 39 for police-type use); repair of damage to public 
roads within and adjacent to reservation areas caused by operations 
of the Service; options for the purchase of land at not to exceed 
$1 for each option; facilities incident to such public recreational 
uses on conservation areas as are consistent with their primary 
puiyose; and the maintenance and improvement of aquaria, 
buildings, and other faciUties under the jurisdiction of the Service 
and to which the United States has title, and which are used 
pursuant to law in connection with management and investigation 
of fish and wildlife resources: Provided, That notwithstanding 44 
U.S.C. 501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing serv- 
ices from cooperators in connection with jointly produced publica- 
tions for which the cooperators share at least one-half the cost 
of printing either in casn or services and the Service determines 
the cooperator is capable of meeting accepted quality standards: 
Provided further. That the Service may accept donated aircraft 
as replacements for existing aircraft: Provided further. That the 
United States Fish and Wildlife Service is authorized to grant 
$500,000 appropriated in Public Law 107-63 for land acquisition 
to the Narragansett Indian Tribe for acquisition of the Great Salt 
Pond burial tract: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any 
of the funds appropriated in this Act for the purchase of lands 
or interests in lands to be used in the establisnment of any new 
unit of the National Wildlife Refuge System unless the purchase 
is approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures 
contained in Senate Report 105-56. 

National Park Service 

operation of the national park system 

For expenses necessary for the management, operation, and 
maintenance of areas and facihties administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra- 
tion of the National Park Service, $1,565,565,000, of which 
$10,878,000 for planning and interagency coordination in support 
of Everglades restoration shall remain available until expended; 
of which $85,280,000, to remain available until September 30, 2004, 
is for maintenance repair or rehabilitation projects for constructed 
assets, operation of the National Park Service automated facility 
management software system, and comprehensive facility condition 
assessments; and of which $2,000,000 is for the Youth Conservation 
Corps for high priority projects: Provided, That the only funds 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 225 

in this account which may be made available to support United 
States Park Police are those funds approved for emergency law 
and order incidents pursuant to established National Park Service 
procedures, those funds needed to maintain and repair United 
States Park Police administrative faciUties, and those funds nec- 
essary to reimburse the United States Park PoHce account for 
the unbudgeted overtime and travel costs associated with special 
events for an amount not to exceed $10,000 per event subject 
to the review and concurrence of the Washington headquarters 
office. 

UNITED STATES PARK POLICE 

For expenses necessary to carry out the programs of the United 
States Park Police, $78,431,000. 

NATIONAL RECREATION AND PRESERVATION 

For expenses necessary to carry out recreation programs, nat- 
ural programs, cultural programs, heritage partnership programs, 
environmental compUance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis- 
tration, not otherwise provided for, $61,667,000. 

URBAN PARK AND RECREATION FUND 

For expenses necessary to carry out the provisions of the Urban 
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et 
seq.), $300,000, to remain avedlable until expended. 

fflSTORIC PRESERVATION FUND 

For expenses necessary in carrying out the Historic Preserva- 
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 
104-333), $69,000,000, to be derived from the Historic Preservation 
Fund, to remain available until September 30, 2004: Provided, 
That, of the amount provided herein, $2,000,000, to remain avail- 
able until expended, is for a grant for the perpetual care and 
maintenance of National Trust Historic Sites, as authorized under 
16 U.S.C. 470a(e)(2), to be made available in full upon signing 
of a grant agreement: Provided further, That, notwithstanding any 
other provision of law, these funds shall be available for investment 
with the proceeds to be used for the same purpose as set out 
herein: Provided further, That of the total amotmt provided, 
$30,000,000 shall be for Save America's Treasures for priority 
preservation projects, of nationally significant sites, structures, and 
artifacts: Provided further, That any individual Save America's 
Treasvures grant shall be matched by non-Federal fxinds: Provided 
further, That individual projects shall only be eligible for one grant, 
and all projects to be funded shall be approved by the House 
and Senate Committees on Appropriations and the Secretary of 
the Interior in consultation with the President's Committee on 
the Arts and Humanities prior to the commitment of grant funds: 
Provided further, That Save America's Treasures funds allocated 
for Federal jjroiects shall be available by transfer to appropriate 
accounts of inoividual agencies, after approval of sucn projects 
by the Secretary of the Interior, in consultation with the House 



117 STAT. 226 PUBLIC LAW 108-7— FEB. 20, 2003 

and Senate Committees on Appropriations and the President's Com- 
mittee on the Arts and Humamties. 

CONSTRUCTION 

For construction, improvements, repair or replacement of phys- 
ical facilities, including the modifications autnorized by section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989, $327,843,000, to remain available until expended, 
of which $1,800,000 for the Virginia City Historic District and 
$500,000 for the Fort Osage National Historic Landmark shall 
be derived from the Historic Preservation Ftmd pursuant to 16 
U.S.C. 470a, of which not to exceed $3,000,000 is for site acquisition 
for the proposed Morris Thompson Cultural and Visitors Center, 
to be made available to the Tanana Chiefs Conference imder an 
Annual Funding Agreement through the Indian Self-Determination 
and Education Assistance Act, and of which $400,000 is for the 
Alice Ferguson Foundation for faciUty upgrade and rehabilitation 
at the Hard Bargain Farm: Provided, Tnat none of the funds in 
this or any other Act, may be used to pay the salaries and expenses 
of more than 160 Full Time Equivalent personnel working for 
the National Park Service's Denver Service Center funded under 
the constructionprogram management and operations activity: Pro- 
vided further, That none of the funds provided in this or any 
other Act may be used to pre-design, plan, or construct any new 
facility (including visitor centers, curatorial facilities, administrative 
buildings), for which appropriations have not been specifically pro- 
vided if the net construction cost of such facility is in excess of 
$5,000,000, without prior approval of the House and Senate 
Applicability. Committees on Appropriations: Provided further, That this restric- 
tion applies to all funds available to the National Park Service, 
including partnership and fee demonstration projects: Provided fur- 
ther. That the National Park Service may transfer to the City 
of Carlsbad, New Mexico, funds for the construction of the National 
Cave and Karst Research Institute to be built and operated in 
accordance with provisions in Public Law 105-325 and all other 
apphcable laws and regulations, "ntle to the Institute will be held 
by the City of Carlsbad. 

LAND AND WATER CONSERVATION FUND 

(RESCISSION) 

16 use 460/-i0a The contract authority provided for fiscal year 2003 by 16 

note. U.S.C. 4601-lOa is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE 

For expenses necessary to carry out the Land and Water Con- 
servation Act of 1965, as amended (16 U.S.C. 4601-4 through 11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority applicable to the National Park Service, $172,468,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which $98,000,000 is for 
the State assistance program including $3,000,000 to administer 
the State assistance program: Provided, That of the amounts pro- 
vided vuider this heading, $15,000,000 may be for Federal grants, 
including Federal administrative expenses, to the State of Florida 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 227 

for the acquisition of lands or waters, or interests therein, within 
the Everglades watershed (consisting of lands and waters within 
the boundaries of the South Florida Water Management District, 
Florida Bay and the Florida Keys, including the areas known as 
the Frog Pond, the Rocky Glades and the Eight and One-Half 
Square Mile Area) under terms and conditions deemed necessary 
by the Secretary to improve and restore the hydrological function 
of the Everglades watershed: Provided further, That funds provided 
under this heading for assistance to the State of Florida to acquire 
lands within the Everglades watershed are contingent upon new 
matching non-Federal funds by the State, or are matched by the 
State pursuant to the cost-sharing provisions of section 316Cb) of 
Public Law 104-303, and shall be subject to an agreement that 
the lands to be acquired will be managed in perpetuity for the 
restoration of the Everglades: Provided further, That none of the 
funds provided for the State Assistance program may be used 
to estabUsh a contingency fund. 

ADMINISTRATIVE PROVISIONS 

Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 301 passenger motor vehicles, 
of which 273 shall be for replacement only, including not to exceed 
226 for pohce-type use, 10 buses, and 8 ambulances: Provided, 
That none of the funds appropriated to the National Park Service 
may be used to process any grant or contract documents which 
do not include the text of 18 U.S.C. 1913: Provided further, That Reporta. 
none of the funds appropriated to the National Park Service may 
be used to implement an agreement for the redevelopment of the 
southern end of EUis Island until such agreement has been sub- 
mitted to the Congress and shall not be implemented prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of a<yoiu*nment 
of more than 3 calendar days to a day certain) from the receipt 
by the Speaker of the House of Representatives and the President 
of the Senate of a full and comprehensive report on the development 
of the southern end of Ellis Island, including the facts and cir- 
cumstances relied upon in support of the proposed project. 

None of the fimds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 

The National Park Service may distribute to operating units 
based on the safety record of each imit the costs of programs 
designed to improve workplace and employee safety, and to encour- 
age employees receiving workers' compensation benefits pursuant 
to chapter 81 of title 5, United States Code, to return to appropriate 
positions for which they are medically able. 

Notwithstanding any other provision of law, in fiscal year 2003 16 USC ih. 
and thereafter, sums provided to the National Park Service by 
private entities for utiuty services shall be credited to the appro- 
priate account and remain available until expended: Provided, That 16 USC li. 
heretofore and hereafter, in carrying out the work under reimburs- 
able agreements with any State, local or tribal government, the 
National Park Service may, without regard to 31 U.S.C. 1341 or 
any other provision of law or regulation, record obligations against 
accounts receivable from such entities, and shall credit amounts 
received from such entities to the appropriate account, such credit 



117 STAT. 228 PUBLIC LAW 108-7— FEB. 20, 2003 

to occur within 90 days of the date of the original request by 
the National Park Service for payment. 

United States Geological Survey 

surveys, investigations, and research 

For expenses necessary for the United States Geological Suirvey 
to perform surveys, investigations, and research covering topog- 
rapny, geology, hydrology, oiology, and the mineral and water 
resources of the United States, its territories and possessions, and 
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resoiu*ces; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Commission licensees; administer the minerals exploration program 
(30 U.S.C. 641); and publish and disseminate data relative to the 
foregoing activities; and to conduct inquiries into the economic 
conditions affecting mining and materials processing industries (30 
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(I)) and related purposes 
as authorized by law and to publish and disseminate data; 
$925,287,000, of which $64,855,000 shall be available only for 
cooperation vrith States or municipalities for water resources inves- 
tigations; and of which $15,499,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; and of which 
$8,000,000 shall remain available until expended for satellite oper- 
ations; and of which $24,623,000 shall be available until September 
30, 2004, for the operation and maintenance of facilities and 
deferred maintenance; and of which $170,926,000 shall be available 
vmtil September 30, 2004, for the biological research activity and 
the operation of the Cooperative Research Units: Provided, That 
none of these funds provided for the biological research activity 
shall be used to conduct new surveys on private property, unless 
specifically authorized in writing by the property owner: Provided 
43 use 50. further, That no part of this appropriation shall be used to pay 

more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in coopera- 
tion with States and municipalities. 

ADMINISTRATIVE PROVISIONS 

The amount appropriated for the United States Geological 
Survey shall be available for the purchase of not to exceed 53 
passenger motor vehicles, of which 48 are for replacement only; 
reimbursement to the (Jreneral Services Administration for security 
guard services; contracting for the furnishing of topographic maps 
and for the making of geophysical or other speciafized surveys 
when it is administratively determined that such procedures are 
in the public interest; construction and maintenance of necessary 
buildings and appurtenant faciUties; acquisition of lands for gauging 
stations and observation wells; expenses of the United States 
National Committee on Geology; and payment of compensation 
and expenses of persons on the rolls of the Survey duly appointed 
to represent the United States in the negotiation and administration 
of interstate compacts: Provided, That activities funded by appro- 
priations herein made may be accomplished through the use of 
contracts, grants, or cooperative agreements as defined in 31 U.S.C. 
43 use 36d. 6302 et seq.: Provided further, That notwithstanding the provisions 



117 STAT. 236 



PUBLIC LAW 108-7— FEB. 20, 2003 



Office of Special Trustee for American Indians 



25 use 4011 
note. 



Records. 



FEDERAL TRUST PROGRAMS 

For operation of trust programs for Indians by direct expendi- 
ture, contracts, cooperative agreements, compacts, and grants, 
$141,277,000, to remain available until ejroended, of which 
$15,000,000 is for historical accounting: Provided, That funds for 
trust management improvements may be transferred, as needed, 
to the Bureau of Indian Affairs "Operation of Indian Programs" 
account and to the Departmental Management "Salaries and 
Expenses" account: Provided further, That funds made available 
to Tribes and Tribal organizations through contracts or grants 
obhgated during fiscal year 2003, as authorized by the Indian 
Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain 
available until expended by the contractor or grantee: Provided 
further, That notwithstanding any other provision of law, the 
statute of Umitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of the enact- 
ment of this Act, concerning losses to or mismanagement of trust 
funds, until the affected tribe or individual Indian has been fur- 
nished with an accounting of such funds from which the beneficiary 
can determine whether there has been a loss: Provided further. 
That notwithstanding any other provision of law, the Secretary 
shall not be required to provide a quarterly statement of perform- 
ance for any Indian trust account that has not had activity for 
at least 18 months and has a balance of $1.00 or less: Provided 
further, That the Secretary shall issue an annual account statement 
and maintain a record of any such accounts and shall permit 
the balance in each such account to be withdrawn upon the express 
written request of the account holder: Provided further. That not 
to exceed $50,000 is available for the Secretarv to make payments 
to correct administrative errors of either disDursements irom or 
deposits to Individual Indian Money or Tribal accoimts after Sep- 
tember 30, 2002: Provided further. That erroneous payments that 
are recovered shall be credited to this account. 



INDIAN LAND CONSOLIDATION 

For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing 
escheated interests in allotted lands, and for necessary expenses 
to carry out the Indian Land ConsoUdation Act of 1983, as amended, 
by direct expenditure or cooperative agreement, $7,980,000, to 
remain available imtil expenaed and which may be transferred 
to the Bureau of Indian Affairs and Departmental Management. 

Natural Resource Damage Assessment and Restoration 

natural resource damage assessment fund 

To conduct natvu-al resource damage assessment and restora- 
tion activities by the Department of the Interior necessary to carry 
out the provisions of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 
seq.). Federal Water Pollution Control Act, as amended (33 U.S.C. 
1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101- 
380) (33 U.S.C. 2701 et seq.), and Public Law 101-337, as amended 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 237 

(16 U.S.C. 19jj et seq.), $5,538,000, to remain available tintil 
expended. 

ADMINISTRATIVE PROVISIONS 

There is hereby authorized for acauisition from available 
resources within the Working Capital Fima, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That notwithstandmg any other provision of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the piwchase price for the replacement aircraft: Pro- 
vided further. That notwithstanding any other provision of law, 
the Office of Aircraft Services shall transfer to the Sheriff's Office, 
Kane County, Utah, without restriction, a Cessna U206G, identifica- 
tion number N211S, serial number 20606916, for the purpose of 
facilitating more efficient law enforcement activities at Glen Canyon 
National Recreation Area and the Grand Staircase Escalante 
National Monument: Provided further. That no programs funded 
with appropriated funds in the "Departmental Management", 
"Office of the SoUdtor", and "Office of Inspector General" may 
be augmented through the Working Capital Fund or the Consoli- 
dated Working Fund. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 

Sec. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of sdrcraft, buildings, utilities, or other faeiU- 
ties or equipment damaged or destroyed by fire, flood, storm, or 
other vmavoidable causes: Provided, That no funds shall be made 
available vmder this authority imtil fxmds specifically made avail- 
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further, That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible. 

Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands vmder the jurisdiction of the Depart- 
ment of the Interior; for the emergency rehabilitation of burned- 
over lands under its jurisdiction; for emergency actions related 
to potential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess- 
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects 
imder section 410 of Public Law 95-87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclama- 
tion and Enforcement, such fimds as may be necessary to permit 



10 



117 STAT. 238 PUBLIC LAW 10&-7— FEB. 20, 2003 

assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for wildland 
fire operations shall be available for the payment of obUgations 
incurred during the preceding fiscal year, and for reimbursement 
to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in coimection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof: Provided further, 
That for wildland fire operations, no funds shall be made available 
under this authority until the Secretary determines that funds 
appropriated for "wildland fire operations" shall be exhausted 
within 30 days: Provided further. That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 251(b)(2XA) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible: Provided further, That such 
replenishment funds shall be used to reimburse, on a pro rata 
basis, accounts fi-om which emergency funds were transferred. 

Sec. 103. Appropriations made in this title shall be available 
for operation of warehouses, garages, shops, and similar faciUties, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized 
by sections 1535 and 1536 of title 31, United States Code: Provided, 
TTiat reimbursements for costs and supplies, materials, equipment, 
and for services rendered may be credited to the appropriation 
ciurent at the time such reimbursements are received. 

Sec. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; hire, maintenance, and operation of aircraft; 
hire of passenger motor vehicles; purchase of reprints; payment 
for telephone service in private residences in the field, when author- 
ized imder regulations approved by the Secretary; and the payment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue publications to members 
only or at a price to members lower than to subscribers who 
are not members. 

Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms 
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 
and D.C. Code 4-204). 

Sec. 106. Annual appropriations made in this title shall be 
available for obligation in connection with contracts issued for serv- 
ices or rentals for periods not in excess of 12 months beginning 
at any time during tne fiscal year. 

Sec. 107. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under restriction 
in the President's moratorium statement of June 12, 1998, in the 
areas of northern, central, and southern Cahfornia; the North 
Atlantic; Washington and Oregon; and the eastern Gxilf of Mexico 
south of 26 degrees north latitude and east of 86 degrees west 
longitude. 



11 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 239 

Sec. 108. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore oil 
and natural gas preleasing, leasing, and related activities, on lands 
within the North Aleutian Basin planning area. 

Sec. 109. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and natural 
gas preleasing, leasing and related activities in the eastern Gulf 
of Mexico planning area for any lands located outside Sale 181, 
as identified in the final Outer Continental Shelf 5-Year Oil and 
Gas Leasing Program, 1997-2002. 

Sec. 110. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natiu-al gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atlantic planning areas. 

Sec. 111. Advance payments made under this title to Indian 
tribes, tribal organizations, and tribal consortia pursuant to the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal 
organization, or consortium before such funds are expended for 
the piu^joses of the grant, compact, or annual funding agreement 
so long as such funds are — 

(1) invested by the Indian tribe, tribal organization, or 
consortium only in obUgations of the United States, or in obliga- 
tions or securities that are guaranteed or insured by the United 
States, or mutual (or other) funds registered with the Securities 
and Exchange Commission and which only invest in obligations 
of the United States or securities that are guaranteed or insured 
by the United States; or 

(2) deposited only into accounts that are insured by an 
agency or instrumentality of the United States, or are fully 
collateralized to ensure protection of the funds, even in the 
event of a bank failure. 

Sec. 112. Notwithstanding any other provisions of law, the 
National Park Service shall not develop or implement a reduced 
entrance fee program to accommodate non-local travel through a 
unit. The Secretary may provide for and regulate local non-rec- 
reational passage through units of the National Park System, 
allowing each unit to develop guidelines and permits for such 
activity appropriate to that imit. 

Sec. 113. Appropriations made in this Act vmder the headings 
Bvireau of Indian Affairs and Office of Special Trustee for American 
Indians and any available unobligated balances trora prior appro- 
priations Acts made under the same headings, shall be avaUable 
for expenditure or transfer for Indian trust management and reform 
activities. 

Sec. 114. Notwithstanding any other provision of law, the 16 USC 460bb-3 
Secretary of the Interior hereafter has ongoing authority to nego- ^°^- 
tiate and enter into agreements and leases, without regard to 
section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 
303b), with any person, firm, association, organization, corporation, 
or governmental entity, for all or part of the property witnin Fort 
Baker administered by the Secretary as part of the Golden Gate 
National Recreation Area. The proceeds of the agreements or leases 
or any statutorily authorized fees, hereafter shall be retained by 
the Secretary and such proceeds shall remain available until 



12 



117 STAT. 240 PUBLIC LAW 108-7— FEB. 20, 2003 

expended, without further appropriation, for the preservation, res- 
toration, operation, maintenance, interpretation, public programs, 
and related expenses of the National Park Service and nonprofit 
park partners incurred with respect to Fort Baker properties. 

Sec. 115. Notwithstanding any other provision of law, for the 
purpose of reducing the backlog of Indian probate cases in the 
Department of the Interior, the hearing requirements of chapter 
10 of title 25, United States Code, are deemed satisfied by a pro- 
ceeding conducted by an Indian probate judge, appointed by the 
Secretary without regard to the provisions of title 5, United States 
Code, governing the appointments in the competitive service, for 
such period of time as the Secretary determines necessary: Provided, 
That the basic pay of an Indian probate judge so appointed may 
be fixed by the Secretary without regard to the provisions of chapter 
51, and subchapter III of chapter 53 of title 5, United States 
Code, governing the classification and pay of General Schedule 
employees, except that no such Indian probate judge may be paid 
at a level which exceeds the maximum rate payable for the highest 
grade of the General Schedule, including locality pay. 

Sec. 116. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation fimds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inac- 
curate distribution methodologies. No tribe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2003. Under circumstances of dual enrollment, overlap- 
ping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply. 

Sec. 117. Fimds appropriated for the Bureau of Indian Affairs 
for postsecondary schools for fiscal year 2003 shall be allocated 
among the schools proportionate to the unmet need of the schools 
as determined by the Postsecondary Funding Formula adopted by 
the Office of Indian Education Programs. 

Sec. 118. (a) The Secretary of the Interior shall take such 
action as may be necessary to ensure that the lands comprising 
the Huron Cemetery in Kansas City, Kansas (as described in section 
123 of Public Law 106-291) are used only in accordance with 
this section. 

(b) The lands of the Huron Cemetery shall be used only: (1) 
for religious and cultural uses that are compatible with the use 
of the lands as a cemetery; and (2) as a burial ground. 

Sec. 119. Notwithstanding any other provision of law, in con- 
veying the Twin Cities Research Center under the authority pro- 
vided by Public Law 104-134, as amended by Public Law 104— 
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by Public Law 100-696; 16 U.S.C. 460zz. 

Sec. 120. Notwithstanding otiier provisions of law, the National 
Park Service may authorize, through cooperative agreement, the 
Golden Gate National Parks Association to provide fee-based edu- 
cation, interpretive and visitor service functions within the Crissy 
Field and Fort Point areas of the Presidio. 



13 



117 STAT. 242 PUBLIC LAW 108-7— FEB. 20, 2003 

(c) Effect of Grant. — ^A grant received under this section 
shall be in addition to any other funds received by an Indian 
tribe under any other provision of law. The receipt of a grant 
under this section shall not aifect the eligibility of an Indian tribe 
receiving funding, or the amount of funding received by the Indian 
tribe, under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
2501 et seq.) or the Indian Self-Determination and Education Assist- 
ance Act (25 U.S.C. 450 et seq.). 

(d) Report. — ^At the conclusion of the five-year demonstration 
program, the Secretary shall report to Congress as to whether 
the demonstration program has achieved its purposes of providing 
additional tribes fair opportunities to construct tribally controlled 
schools, accelerating construction of needed educational facilities 
in Indian Country, and permitting additional funds to be provided 
for the Department's priority list for construction of replacement 
educational facilities. 

Sec. 123. White River Oil Shale Mine, Utah. Sale. — Subject 
to the terms and conditions of section 126 of the Department 
of the Interior and Related Agencies Act, 2002, the Administrator 
of General Services shall sell all right, title, and interest of the 
United States in and to the improvements and equipment of the 
White River Oil Shale Mine. 

Sec. 124. The Secretary of the Interior may use or contract 
for the use of helicopters or motor vehicles on the Sheldon and 
Hart National Wildlife Refuges for the purpose of capturing and 
transporting horses and burros. The provisions of suosection (a) 
of the Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a)) 
shall not be applicable to such use. Such use shall be in accordance 
with humane procedures prescribed by the Secretary. 

Sec. 125. Funds provided in this Act for Federal land acquisi- 
tion by the National Park Service for Shenandoah Valley Battle- 
fields National Historic District, and Ice Age National Scenic Trail 
may be used for a grant to a State, a local government, or any 
other governmental land management entity for the acquisition 
of landfs without regard to any restriction on the use of Federal 
land acquisition funds provided through the Land and Water Con- 
servation Fund Act of 1965 as amended. 

Sec. 126. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground Ixmchroom at the Carlsbad Caverns 
National Park. 

Sec. 127. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such 
bridge, when such pedestrian use is consistent with generally 
accepted safety standards. 
16USC459J-4 Sec, 128. None of the fvmds made available in this or tmy 

'^ote- other Act for any fiscal year may be used to designate, or to 

post any sign designating, any portion of Canaveral National Sea- 
shore in Brevard County, Florida, as a clothing-optional area or 
as an area in which public nudity is permitted, if such designation 
would be contrary to county ordinance. 

Sec. 129. Notwithstanding any other provision of law, the 
United States Fish and Wildlife Service may use funds appropriated 
in this Act for incidental expenses related to promoting and cele- 
brating the Centennial of the National Wildlife Refuge System. 



14 



PUBLIC LAW 108-7— FEB. 20, 2003 



117 STAT. 243 



Deadline. 
15 use 4046 
note. 



Sec. 130. The National Park Service may in fiscal year 2003 
and thereafter enter into a cooperative agreement with and transfer 
funds to Capital Concerts, a nonprofit organization, for the purpose 
of carrying out programs pursuant to 31 U.S.C. 6305. 

Sec. 131. No later than 30 days after enactment of this Act, Deadline, 
the Secretary of the Interior shall provide to the House and Senate Reports. 
Committees on Appropriations and the House Committee on 
Resources and the Senate Committee on Indian Affairs a summary 
of the Ernst and Young report on the historical accounting for 
the five named plaintiffs in Cobell v. Norton. The summary shall 
not provide individually identifiable financial information, but shall 
fully describe the aggregate results of the historical accounting. 

Sec. 132. None of the funds in this or any other Act for 
the Department of the Interior or the Department of Justice can 
be used to compensate the Special Master and the Special Master- 
Monitor, and all variations thereto, appointed by the United States 
District Court for the District of Columbia in the Cobell v. Norton 
htigation at an annual rate that exceeds 200 percent of the highest 
Senior Executive Service rate of pay for the Washington-Baltimore 
locality pay area. 

Sec. 133. Within 90 days of enactment of this Act the Special 
Trustee for American Indians, in consultation with the Secretary 
of the Interior and the Tribes, shall appoint new members to the 
Special Trustee Advisory Board. 

Sec. 134. The Secretary of the Interior may use discretionary 
funds to pay private attorneys fees and costs for employees and 
former employees of the Department of the Interior reasonably 
incurred in connection with Cobell v. Norton to the extent that 
such fees and costs are not paid by the Department of Justice 
or by private insurance. In no case shall the Secretary make pay- 
ments imder this section that would result in payment of hourly 
fees in excess of the highest hoxirly rate approved by the District 
Court for the District of Columbia for counsel in CobeU v. Norton. 

Sec. 135. Section 124(a) of the Department of the Interior 
and Related Agencies Appropriation Act, 1997 (16 U.S.C. 1011 
(a)), as amended, is further amended by inserting after the phrase 
"appropriations made for the Bureau of Land Management" the 
phrase "including appropriations for the Wildland Fire Management 
account allocatea to the National Park Service, Fish and Wildhfe 
Service, and Bureau of Indian Affairs". 

Sec. 136. Public Law 107-106 is amended as follows: in section 
5(a) strike "9 months after the date of enactment of the Act" 115 Stat. loio. 
and insert in lieu thereof "September 30, 2003". 

Sec. 137. Notwithstanding any other provision of law, the 
funds provided in the Labor, Health and Human Services, Education 
and Related Agencies Appropriations Act of 2002, PubHc Law 107- 
116, for the National Museum of African American History and 
Culture Plan for Action Presidential Commission shall remain avail- 
able until expended. 

Sec. 138. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan- 
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
Federally operated or Federally financed hatcheries including but 
not limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 



15 



117 STAT. 244 



PUBLIC LAW 108-7— FEB. 20, 2003 



Federal buildings 

and facilities. 

New Mexico. 

16 use 668dd 

note. 

16 use 195 note. 



40 use 8903 
note. 



116 Stat. 2843, 
2844. 



Sec. 139. The visitor center at the Bitter Lake National Wildlife 
Refuge in New Mexico shall be named for Joseph R. Skeen and, 
hereafter, shall be referred to in any law, document, or record 
of the United States as the "Joseph R. Skeen Visitor Center". 

Sec. 140. In fiscal year 2003 and each fiscal year thereafter, 
notwithstanding any other provision of law, with respect to a service 
contract for the provision solely of transportation services at Zion 
Nationtd Park or Rocky Mountain National Park, the Secretary 
of the Interior may obligate the expenditure of fees expected to 
be received in that fiscal year before the fees are received, so 
long as total obligations do not exceed fee collections retained at 
Zion National Park or Rocky Mountain National Park, respectively, 
by the end of that fiscal year. 

Sec. 141. Section 6(f) of Public Law 88-578 as amended shall 
not apply to LWCF program #02-00010. 

Sec. 142. Notwithstanding section 1(d) of Public Law 107- 
62, the National Park Service is authorized to obligate $1,000,000 
made available in fiscal year 2002 to plan the John Adams Presi- 
dential memorial in cooperation with non-Federal peutners. 

Sec. 143. Notwithstanding any other provision of law, funds 
appropriated and remaining available in tiie Construction (Trust 
Fund) account of the National Park Service at the completion of 
all authorized projects, shaU be available for the rehabilitation 
and improvement of Going-to-the-Sun Road in Glacier National 
Park. 

Sec. 144. Hereafter, the Department of the Interior National 
Business Center may continue to enter into grants, cooperative 
agreements, and other transactions, under the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992, and other 
related legislation. 

Sec. 145. (a) In General.— Nothing in section 134 of the 
Department of the Interior and Related ^encies Appropriations 
Act, 2002 (115 Stat. 443) affects the decision of the United States 
Court of Appeals for the 10th Circuit in Sac and Fox Nation v. 
Norton, 240 F.3d 1250 (2001). 

(b) Use of Certain Indian Land.— Nothing in this section 
permits the conduct of gaming under the Indian Gaming RegiQatory 
Act (25 U.S.C. 2701 et seq.) on land described in section 123 
of the Department of the Interior and Related Agencies Appropria- 
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that 
land, regardless of whether the land or contiguous land has been 
taken into trust by the Secretary of the Interior. 

Sec. 146. Section 3(f)(2)(B) of Public Law 99-548 (100 Stat. 
3061; 113 Stat. 1501A-168) is amended by striking "(iv) Sec. 8." 
and inserting the following: 
"(iv) Sec. 7. 
"(v) Sec. 8.". 

Sec. 147. Not to exceed $650,000 of the funds made available 
under the heading "United States Fish and Wildlife Service, 
Construction" in Public Law 107-63 for hangar roof replacement 
at Midway Atoll National WildMfe Refuge, and such sums as may 
be necessary from 'T)epartmental Management, Salaries and 
Expenses", may be transferred to "United States Fish and Wildlife 
Service, Resource Management" for operational needs at Midway 
Atoll National Wildlife Refiige. 

Sec. 148. Public Law 107-331 is amended in sections 301(b) 
and 301(d) by striking the word "Secretary" each place it appears 



16 



PUBUC LAW 108-7— FEB. 20, 2003 117 STAT. 245 

and inserting in lieu thereof the word "Director", and by striking 

the text of section 301(cX3) and inserting in lieu thereof 116 Stat. 2844. 

"Director. — ^The term 'Director' means the Director of the Institute 

of Museum and Library Services.". 

Sec. 149. Section 113 of PubUc Law 104-208 (31 U.S.C. 501 
note.) is amended by deleting "That such fund shall be paid in 
advance" and inserting "That such fund may be paid in advance". 

Sec. 150. Historically Black Colleges ajto Universities. 
(a) Decreased Cost-Sharing Requirement. — Section 507(c) of the 
Omnibus Parks and Public Lands Management Act of 1996 (16 
U.S.C. 470a note) is amended — 

(1) by striking "(1) Except" and insertii^ the following: 
"(1) In general.— Except"; 

(2) by striking "paragraph (2)" and inserting "p6u*agraphs 
(2) and (3)"; 

(3) by striking "(2) The Secretary" and inserting the fol- 
lowing: 

"(2) Waiver.— The Secretary"; 

(4) by striking "paragraph (1)" and inserting "paragraphs 
(1) and (3)"; and 

(5) by adding at the end the following: 

"(3) Exception.— The Secretary shall not obligate funds 
made available under subsection (d)(2) for a grant with respect 
to a buildine or structure listed on, or eligible for listing on, 
the National Register of Historic Places unless the grantee 
agrees to provide, from funds derived from non-Federal sources, 
an amount that is equal to 30 percent of the total cost of 
the project for which the grant is provided.", 
(b) Authorization of Approprlvtions.— Section 507(d) of the 

Omnibus Parks emd Public Lands Management Act of 1996 (16 

U.S.C. 470a note) is amended — 

(1) by striking "Pursuant to" and inserting the following: 
"(1) In general.— Under"; and 

(2) by adding at the end the following: 

"(2) Additional funding. — In addition to amoimts made 
available under paragraph (1), there is authorized to be appro- 
priated from the Historic Preservation Fund to carry out this 
section $10,000,000 for each of fiscal years 2003 through 2008.". 
Sec. 151. The document entitled "Final Environmental Impact 
Statement for the Renewal of the Federal Grant for the Trans- 
Alaska Pipeline System Right-of-Way (FEIS)" dated November 
2002, shall be deemed sufficient to meet the requirements of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)) with respect to the determination contained in the 
Record of Decision dated January 8, 2003 relating to the renewal 
of the Federal right-of-way for the Trans-Alaska Pipeline and 
related facilities. 

Sec. 152. Missouri River. It is the sense of the Congress 
that the member States and tribes of the Missouri River Basin 
Association are strongly encouraged to reach agreement on a flow 
schedule for the Missouri River as soon as practicable for 2003. 
Sec. 153. Treatment of Abandoned Mine Reclamation Fund 
Interest, (a) In General. — In addition to the transfer provided 
for in section 402(h) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1232(h)), interest credited to the fund estab- 
lished by section 401 of such Act (30 U.S.C. 1231) shall be trans- 
ferred to the Combined Fund identified in section 402(h)(2) up 



17 



117 STAT. 246 



PUBLIC LAW 108-7— FEB. 20, 2003 



Termination 
date. 



16 use 3503 
note. 



to such amount as is estimated by the trustees of such Combined 
Fund to offset the amount of any deficit in net assets in the 
Combined Fund. The cumulative additional amount that may be 
transferred under this section from the date of enactment of this 
Act through September 30, 2004 shall not exceed $34,000,000. 

(b) Prohibition on Other Transfers.— Except as provided 
in subsection (a), no principal amounts in or credited to the fund 
established by section 401 of the Surface Mining Control and Rec- 
lamation Act of 1977 (30 U.S.C. 1231) may be transferred to the 
Combined Fund identified in section 402(hX2) of such Act (30 U.S.C. 
1232(h)(2)). 

(c) Limitation. — This section shall cease to have any force 
and effect after September 30, 2004. 

Sec. 154. Section 511(g)(2)(A) of the Omnibus Parks and Pubhc 
Lands Management Act of 1996 (16 U.S.C. 410ddd(g)(2)(A)) is 
amended by striking "$2,000,000" and inserting "$5,000,000". 

Sec. 155. Replacement of Coastal Barrier Resources 
System Map. (a) In General. — ^The map described in subsection 
(b) is replaced, in the maps depicting the Coastal Barrier Resources 
System that are referred to in section 4(a) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(a)), by the map entitled "Plum Tree 
Island Unit VA-59P, Long Creek Unit VA-60A^A-60P" and dated 
May 1, 2002. 

(b) Description of Replaced Map.— The map referred to in 
subsection (a) is the map that — 

(1) relates to Plum Island Unit VA-59P and Long Creek 
Unit VA-60A^A-60P located in Poquoson and Hampton, Vir- 
ginia; and 

(2) is included in a set of maps entitled 'Coastal Barrier 
Resources System", dated October 24, 1990, revised on October 
23, 1992, and referred to in section 4(a) of the Coastal Barrier 
Resources Act (16 U.S.C. 3503(a)). 

(c) Availability.— The Secretary of the Interior shall keep the 
replacement map described in subsection (b) on file and available 
for inspection in accordance with section 4(b) of the Coastsd Barrier 
Resources Act (16 U.S.C. 3503(b)). 

Sec. 156. Sense of the Congress Regarding Southern Cali- 
fornia Offshore Oil Leases, (a) Findings.— Congress finds that— 

(1) there are 36 undeveloped oil leases on land in the 
southern California planning area of the outer Continental 
Shelf that- 

(A) have been under review by the Secretary of the 
Interior for an extended period of time, including some 
leases that have been vmder review for over 30 years; 
and 

(B) have not been approved for development vinder 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.); 

(2) the oil companies that hold the 36 leases — 

(A) have expressed an interest in retiring the leases 
in exchange for equitable compensation; and 

(B) are engaged in settlement negotiations Avith the 
Secretary of the Interior for the retirement of the leases; 
and 

(3) it would be a waste of the taxpayer's money to continue 
the process for approval or permitting of the 36 leases while 



18 



PUBLIC LAW 108-7— FEB. 20, 2003 



117 STAT. 247 



the Secretary of the Interior and the lessees are negotiating 

to retire the leases. 

(b) Sense of the Congress.— It is the sense of the Congress 
that no funds made available by this Act or any other Act for 
any fiscal year should be used by the Secretary of the Interior 
to approve any exploration, development, or production plan for, 
or application for a permit to driU on, the 36 undeveloped leases 
in the southern California planning area of the outer Continental 
Shelf during any period in which the lessees are engaged in settle- 
ment negotiations with the Secretary of the Interior for the retire- 
ment of the leases. 

Sec. 157. Modified Water Delivery Project in the State 
OF Florida, (a) Authority. — ^The Corps of Engineers, using funds 
made available for modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989 
(16 U.S.C. 410r-8), shall immediately carry out alternative 6D 
(including paying 100 percent of the cost of acquiring land or 
an interest in land) for the purpose of providing a flood protection 
system for the 8.5 square mile area described in the report entitled 
"Central and South Florida Project, Modified Water Deliveries to 
Everglades National Park, Florida, 8.5 Square Mile Area, (xeneral 
Reevaluation Report and Final Supplemental Environmental 
Impact Statement and dated July 2000. 

(b) Condition.— 

(1) In general. — ^The Corps of Engineers may only acquire 
real property used as a residence for the purpose of carrying 
out tne project described in subsection (a) if the Corps of Engi- 
neers or the non-Federal sponsor first oflFers the owner of such 
real property comparable real property within the part of the 
8.5 square mile area that will be provided flood protection 
under such project. This paragraph does not affect the authority 
of the Corps of Engineers to acquire property for which this 
condition has been met or to wnich this condition does not 
apply. 

(2) Authority to acquire land and provide assist- 
ance. — The Corps of Engineers is authorized to acquire such 
land in the flood protected portion of the 8.5 square mile 
area fi-om willing sellers, and provide such financial assistance, 
as may be necessary to carry out this subsection. 

(3) Funding.— The Corps of Engineers and the non-Federal 
sponsor may carry out this subsection with funds made avail- 
able to carry out the project described in subsection (a) and 
funds provided by the Department of the Interior for land 
acquisition assistance for Everglades restoration purposes. 
Sec. 158. No funds appropriated for the Department of the 

Interior by this Act or any other Act sh^l be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam. 

Sec. 159. Notwithstantung the limitation in subparagraph 
(2XB) of section 18(a) of the Indian Gaming Regulatory Act (25 
U.S.C. 2717(a)), the total amount of all fees imposed by the National 
Indian Gaming Commission for fiscal year 2004 shall not exceed 
$12,000,000. 

Sec. 160. Moccasin Bend National Archeological District 
Act. (a) Short Title. — ^This section may be cited as the "Moccasin 
Bend National Archeological District Adr. 



Moccasin Bend 
National 
Archeological 
District Act. 
Tennessee. 
16 use 424c. 



19 



117 STAT. 248 



PUBLIC LAW 108-7~FEB. 20, 2003 



Deadline. 



(b) Definitions. — As used in this section: 

(1) Secretary.— The term "Secretary" means the Secretary 
of the Interior. 

(2) Archeological district.— The term "archeological dis- 
trict" means the Moccasin Bend National Archeological District. 

(3) State.— The term "State" means the State of Tennessee. 

(4) Map. — ^The term "Map" means the map entitled, 
"Boundary Map Moccasin Bend National Archeological Dis- 
trict", numbered 301/80098, and dated September 2002. 

(c) Establishment.— 

(1) In general. — ^In order to preserve, protect, and inter- 
pret for the benefit of the public the nationally significant 
archeological and historic resources located on the peninsula 
known as Moccasin Bend, Tennessee, there is established as 
a unit of Chickamauga and Chattanooga National Military 
Park, the Moccasin Bend National Archeological District. 

(2) Boundaries. — ^The archeological (fistrict shall consist 
of approximately 780 acres generally depicted on the Map. 
The Map shall be on file and available for pubUc inspection 
in the appropriate offices of the National Park Service, Depart- 
ment of the Interior. 

(3) Acquisition of land and interests in land.— 

(A) In general. — ^The Secretary may acquire by dona- 
tion, purchase from willing sellers using donated or appro- 
priated funds, or exchange, lands and interests in lands 
within the exterior boundary of the archeological district. 
The Secretary may acquire the State, county and city- 
owned land and interests in land for inclusion in the 
archeological district only by donation. 

(B) Easement outside boundary.— To allow access 
between areas of the archeological district that on the 
date of the enactment of this section are noncontiguous, 
the Secretary may acquire by donation or purchase fi'om 
willing owners using donated or appropriated fimds, or 
exchange, easements connecting the areas generally 
depicted on the Map. 

(d) Administration.— 

(1) In general. — The archeological district shall be 
administered by the Secretary in accordance with this section, 
with laws applicable to Chickamauga and Chattanooga 
National Military Park, and with the laws generally applicable 
to units of the National Park System. 

(2) Cooperative agreement.— The Secretary may consult 
and enter into cooperative agreements with culturally affiliated 
federally recognized Indian tribes, governmental entities, and 
interested persons to provide for the restoration, preservation, 
development, interpretation, and use of the archeological dis- 
trict. 

(3) Visitor interpretive center.— For purposes of inter- 
preting the historical themes and cultural resources of the 
archeological district, the Secretary may establish and admin- 
ister a visitor center in the archeological district. 

(4) General management plan.— Not later than 3 years 
after funds are made available under this section, the Secretary 
shall develop a general management plan for the archeological 
district. The general management plan shall describe the appro- 
priate protection and preservation of natural, ctiltural, and 



20 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 249 

scenic resources, visitor use, and facility development within 
the archeological district consistent with the purposes of this 
section, while ensuring continued access by private landowners 
to their property. 

(e) Repeal of Previous Acquisition Authority.— The Act 

of August 3, 1950 (chapter 532; 16 U.S.C. 424a-4) is repealed. 

Sec. 161. Section 6 of Public Law 102-495 (106 Stat. 3173) 

is amended by removing subsections 6(b) and (c) in their entirety 

and substitutingthe following: 

"(b) Lands TRANSFER to the Lower Elwha Klallam Tribe.— 
Subject to valid existing rights, all right, title, and interest of 
the United States in and to the foUovdng described land, consisting 
of 1.7 acres, more or less, situated in the County of Clallam, 
State of Washington, are hereby conveyed to the Lower Elwha 
Klallam Indian Tribe: the parcel lying south of the existing roadway 
and extending southward to the Inner Harbor hne of the Port 
Angeles Tidelands, and beginning at the north-south line 1,106 
feet west of the eastern boundary of Out Lot 6 and running easterly 
1,671 feet to the north-south line 565 feet east of the eastern 
boundary of Out Lot 6, to be further described on a detailed legal 
description and map filed later with the Oregon/Washington Office 
of the Bureau of Land Management. Said legal description and Deadline, 
map shall be provided by the tribe, at its cost and expense, within 
ninety (90) days of the enactment of this Act. This conveyance 
shall be subject to the following provisions: 

"(1) There shall be pubHc access to the beach along the 
south side of the parcel at all times. 

"(2) The City of Port Angeles shall have the right to con- 
struct and maintain a waterfront trail adjacent to tne existing 
roadway along the north side of the parcel, the location of 
which shall be determined in conjunction with the Secretary. 
"(3) Parking facihties on the parcel shall be open to the 
public at all times. 

"(4) The Agreement entered into on August 11, 1992, 
between the City of Port Angeles and the TVibe regarding 
the use of the adjacent leaseholds. 

"(5) Easements shall be are hereby reseirved in favor of 
the United States upon, over, under, through, and across the 
lands conveyed under this section allowing the United States, 
its successors, assigns, and agents, iinrestricted and uninter- 
rupted access to any adjoining lands owned or controlled by 
the United States, including but not limited to, the United 
States Coast Guard Air Station located on Ediz Hook, and 
allowing the United States, its successors, assigns, and agents, 
to install, construct, operate, maintain, repair, and replace 
utility lines and other related equipment upon, over, under, 
through, and across the lands conveyed under this section 
in order to operate said air station or to conduct any other 
Federal mission, operation, or activity upon lands owned or 
controlled by the United States. 

"(6) A navigation easement shall be hereby reserved in 
favor of the United States over the lands conveyed under this 
section for the continued aircraft operations at the ac^acent 
United States Coast Guard Air Station on Ediz Hook. Said 
navigation easement shall be based on the Federal Aviation 
Administration (FAA) standards contained in FAA Advisory 
Circular 150/539a-2A, "Heliport Design," dated January 20, 



21 



117 STAT. 264 PUBLIC LAW 108-7— FEB. 20, 2003 

agreement under title III of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation. 

None of the funds made available to the Indian Health Service 
in this Act shall be used to implement the final rule published 
in the Federal Register on September 16, 1987, by the Department 
of Health and Human Services, relating to the eligibility for the 
health care services of the Indian Health Service until the Indian 
Health Service has submitted a budget request reflecting the 
increased costs associated with the proposed final rule, and such 
request has been included in an appropriations Act and enacted 
into law. 

Funds made available in this Act are to be apportioned to 
the Indian Health Service as appropriated in this Act, and 
accounted for in the appropriation structure set forth in this Act. 

With respect to functions transferred by the Indian Health 
Service to tribes or tribal organizations, the Indian Health Service 
is authorized to provide goods and services to those entities, on 
a reimbursable basis, including payment in advance with subse- 
quent adjustment. The reimbursements received therefrom, along 
with the funds received from those entities pursuant to the Indian 
Self-Determination Act, may be credited to the same or subsequent 
appropriation account which provided the fimding. Such amounts 
shall remain available until expended. 

Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance. 

The appropriation structure for the Indian Health Service may 
not be altered without advance approval of the House and Senate 
Committees on Appropriations. 

OTHER RELATED AGENCIES 

Office of Navajo and Hopi Indian Relocation 

salaries and expenses 

For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $14,491,000, to 
remain available until expended: Provided, That funds provided 
in this or any other appropriations Act are to be used to relocate 
eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eUgible and not included in 
the preceding categories: Provided further. That none of the fiinds 
contained in this or any other Act may be used by the Office 
of Navajo and Hopi Indian Relocation to evict any smgle Navaio 
or Navajo family who, as of November 30, 1985, was physically 
domiciled on the lands partitioned to the Hopi Tribe unless a 
new or replacement home is provided for such household: Provided 
further. That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected 
a replacement residence off the Nav^o reservation or on the land 
acquired pursuant to 25 U.S.C. 640d-10. 



22 



117 STAT. 268 PUBLIC LAW 108-7— FEB. 20, 2003 

of arts education and public outreach activities through the Chal- 
lenge America program, for program support, and for administering 
the functions of the Act, to remain available until expended: Pro- 
vided, That funds previously appropriated to the National Endow- 
ment for the Arts "Matching Grants" account and "Challenge 
America" account may be transferred to and merged with this 
account. 

National Endowment for the HuMANiriBS 

GRANTS AND ADMINISTRATION 

For necessary expenses to cany out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$109,632,000, shall be available to the National Endowment for 
the Hvunanities for support of activities in the humanities, pursuant 
to section 7(c) of the Act, and for administering the functions 
of the Act, to remain available until expended. 

MATCHING GRANTS 

To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $16,122,000, to remain available until expended, of which 
$10,436,000 shall be available to the National Endowment for the 
Humanities for the purposes of section 7(h): Provided, That this 
appropriation shall be available for obligation only in such amounts 
as may be equal to the total amounts of gifts, bequests, and devises 
of money, and other property accepted by the chairman or by 
grantees of the Endowment tmder the provisions of subsections 
ll(a)(2XB) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appro- 
priated. 

Administrative Provisions 

None of the fimds appropriated to the National Foundation 
on the Arts and the Humanities may be used to process any grant 
or contract documents which do not include the text of 18 u.S.C. 
1913: Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses: Provided further, That funds 
from nonappropriated sources may be used as necessary for official 
reception and representation expenses: Provided further. That the 
ChauT)erson of the National Endowment for the Arts may approve 
grants up to $10,000, if in the aggregate tiiis amount does not 
exceed 5 percent of the sums appropriated for grant msiking pur- 
poses per year: Provided further, That such small grant actions 
are taken pursuant to the terms of an expressed and direct delega- 
tion of authority from the National Council on the Arts to the 
Chairperson. 

Commission of Fine Arts 

SALARIES and EXPENSES 

For expenses made necessary by the Act establishing a Commis- 
sion of Fine Arts (40 U.S.C. 104), $1,224,000: Provided, That the 
Commission is authorized to charge fees to cover the full costs 



23 



PUBLIC LAW 108-7— FEB. 20, 2003 117 STAT. 269 

of its publications, and such fees shall be credited to this account 
as an offsetting collection, to remain available until expended with- 
out further appropriation. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 

For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956(a)), as amended, $7,000,000. 

ADMINISTRATIVE PROVISION 

None of the funds appropriated in this or any other Act, except 
funds appropriated to the Office of Management and Budget, shall 
be available to study the alteration or transfer of the National 
Capital Arts and Cultural Affairs program. 

Advisory Council on Historic Preservation 
salaries and expenses 

For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $3,667,000: Pro- 
vided, That none of these funds shedl be available for compensation 
of level V of the Executive Schedule or higher positions. 

National Capital Planning Commission 
salaries and expenses 

For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $7,253,000: Provided, That all 
appointed members of the Commission will be compensated at 
a rate not to exceed the daily equivalent of the annual rate of 
pay for positions at level IV of the Executive Schedule for each 
day such member is engaged in the actual performance of duties. 

United States Holocaust Memorial Museum 
holocaust memorial museum 

For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106-292 (36 U.S.C. 2301-2310), $38,663,000, of 
which $1,900,000 for the museum's repair and rehabilitation pro- 
gram and $1,264,000 for the museum's exhibitions program shall 
remain available until expended. 

Presidio Trust 

presidio trust fund 

For necessary expenses to carry out title I of the Omnibus 
Parks and Public Lands Management Act of 1996, $21,327,000 
shall be available to the Presidio Trust, to remain available until 
expended. 



24 



117 STAT. 270 



PUBLIC LAW 108-7— FEB. 20, 2003 



Contracts. 

Public 

information. 



Deadline. 



TITLE III— GENERAL PROVISIONS 

Sec. 301. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, pursu- 
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or imder existing Executive order issued pursuant 
to existing law. 

Sec. 302. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which congressional 
action is not complete. 

Sec. 303. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the cxirrent fiscal year 
unless expressly so provided herein. 

Sec. 304. None of the funds provided in this Act to any depart- 
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 

Sec. 305. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act imless 
advance notice of such assessments and the basis therefor are 

E resented to the Committees on Appropriations and are approved 
y such committees. 

Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as ^ant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 2002. 

Sec. 307. (a) Limitation of Funds.— None of the funds appro- 

Eriated or otherwise made available pursuant to this Act snaU 
e obligated or expended to accept or process applications for a 
patent for any mining or mill site claim located under the general 
mining laws. 

(b) Exceptions. — ^The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent application was filed with the Sec- 
retary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 
and 37) for placer claims, and section 2337 of the Revised Statutes 
(30 U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date. 

(c) Report.— On September 30, 2003, the Secretary of the 
Interior shall file with the House and Senate Committees on Appro- 
priations and the Committee on Resources of the House of Rep- 
resentatives and the Committee on Energy and Natural Resources 
of the Senate a report on actions taken by the Department under 
the plan submittea pursuant to section 314(c) of the Department 
of tne Interior suid Related Agencies Appropriations Act, 1997 
(Public Law 104-208). 

(d) Mineral Examinations.— In order to process patent 
applications in a timely and responsible manner, upon the request 



25 



117 STAT. 272 PUBLIC LAW 108-7— FEB. 20, 2003 

assistance for projects, productions, workshops, or programs that 
serve underserved populations. 

(b) In this section: 

(1) The term "vmderserved population" means a population 
of individuals, including urban minorities, who have historically 
been outside the purview of arts and humanities programs 
due to factors such as a high incidence of income below the 
poverty line or to geographic isolation. 

(2) The term "poverty line" means the poverty line (as 
defined by the Office of Management and Budget, and revised 
aimuaUy in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to 
a family of the size involved. 

(c) In providing services and awarding financial assistance 
imder the National Foxmdation on the Arts and Humanities Act 
of 1965 with funds appropriated by this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority 
is given to providing services or awarding financial assistance for 
projects, productions, workshops, or progrsims that wQl encourage 
public knowledge, education, understanding, and appreciation of 
the arts. 

Grants. (d) With funds appropriated by this Act to carry out section 

5 of the National Foundation on the Arts and Humanities Act 
of 1965— 

(1) the Chairperson shall establish a grant category for 
projects, productions, workshops, or programs that axe of 
national impact or availability or are able to tour several States; 

(2) the Chairperson shedl not make grants exceeding 15 
percent, in the aggregate, of such funds to any single State, 
excluding grants made under the authority of paragraph (1); 

Reports. (3) the Chairperson shall report to the Congress annually 

and by State, on grants awarded by the Chairperson in each 

grant category vmder section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to 

improve and support community-based music performance and 

education. 

Sec. 312. No part of any appropriation contained in this Act 
shall be expended or obligated to complete and issue the 5-year 
program under the Forest and Rangeland Renewable Resources 
Planning Act. 

Sec. 313. None of the funds in this Act may be used to support 
Government-wide administrative functions uiUess such functions 
are justified in the budget process and funding is approved by 
the House and Senate Committees on Appropriations. 

Sec. 314. Notwithstanding any other provision of law, none 
of the funds in this Act may he used for GSA Telecommunication 
Centers. 

Sec. 315. Notwithstanding any other provision of law, for fiscal 
year 2003 the Secretaries of Agricultiu-e and the Interior are author- 
ized to limit competition for watershed restoration project contracts 
as part of the "Jobs in the Woods" Program established in Region 
10 of the Forest Service to individuals and entities in historically 
timber-dependent areas in the States of Washington, Oregon, 
northern California, Idaho, Montana, and Alaska that have been 
affected by reduced timber harvesting on Federal lands. The Secre- 
taries shall consider the benefits to the local economy in evaluating 



26 



PUBLIC LAW lOS-7— FEB. 20, 2003 117 STAT. 273 

bids and designing procurements which create economic opportuni- 
ties for local contractors. 

Sec. 316. Amounts deposited during fiscal year 2002 in the 
roads and trails fund provided for in the 14th paragraph under 
the heading "FOREST SERVICE" of the Act of March 4, 1913 
(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of 
Agriculture, without regard to the State in which the amounts 
were derived, to repair or reconstruct roads, bridges, and trails 
on National Forest System lands or to carry out and administer 
projects to improve forest health conditions, which may include 
the repair or reconstruction of roads, bridges, and trails on National 
Forest System lands in the wildland-community interface where 
there is an abnormally high risk of fire. The projects shall empha- 
size reducing risks to human seifety and public health and property 
and enhancing ecological functions, long-term forest productivity, 
and biological integrity. The projects may be completed in a subse- 
quent fiscal year. Funds shall not be expended imder this section 
to replace funds which would otherwise appropriately be expended 
fi'om the timber salvage sale fund. Nothing in this section shall 
be construed to exempt any project fi-om any environmental law. 

Sec. 317. Other than in emergency situations, none of the 
fiinds in this Act may be used to operate telephone answering 
machines during core business hours unless such answering 
machines include an option that enables callers to reach promptly 
an individual on-duty with the agency being contacted. 

Sec. 318. No timber sale in Region 10 shall be advertised 
if the indicated rate is deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar. Program accompUshments shall be based on volume sold. 
Shovdd Region 10 seU, in fiscal year 2003, the annual average 
portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan in sales which are not 
deficit when appraised using a residual value approach that assigns 
domestic Alaska values for western redcedar, all of the western 
redcedar timber fi-om those sales which is surplus to the needs 
of domestic processors in Alaska, shall be made available to 
domestic processors in the contiguous 48 United States at prevailing 
domestic prices. Should Region 10 sell, in fiscal year 2003, less 
than the annual average portion of the decadal allowable sale 
quantity called for in the Tongass Land Management Plan in sales 
which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar, 
the volume of western redcedar timber available to domestic proc- 
essors at prevailing domestic prices in the contiguous 48 United 
States shall be that volume: (i) which is surplus to the needs 
of domestic processors in Alaska, and (ii) is that percent of the 
surplus western redcedar volume determined by calculating the 
ratio of the total timber volume which has been sold on the Tongass 
to the annual average portion of the decadal allowable sale quantity 
called for in the current Tongass Land Management Plan. The 
percentage shall be calculated by Region 10 on a rolling basis 
as each sale is sold (for purposes of this amendment, a rolling 
basis" shall mean that the determination of how much western 
redcedar is eUgible for sale to various markets shall be made 
at the time each sale is awarded). Western redcedar shall be deemed 
"surplus to the needs of domestic processors in Alaska" when the 



27 



117 STAT. 276 PUBLIC LAW 108-7— FEB. 20, 2003 

(1) in subsection (b), by striking "10" and inserting "20"; 

(2) in subsection (c) by inserting at the end of the subsection 
"Additionally, proceeds from the sale of conveyances on no 
more than 3 sites shall be available for construction of replace- 
ment facilities."; and 

(3) in subsection (d), by striking "2005" and inserting 
"2006". 

Sec. 326. Employees of the foundations established by Acts 
of Congress to solicit private sector funds on behalf of Federal 
land management agencies shall, in fiscal year 2004, qualify for 
General Service Administration contract airfares. 

Sec. 327. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 
1856m) the Secretary of Agriculture and the Secretary of the 
Interior are authorized to enter into reciprocal agreements in which 
the individuals furnished under said agreements to provide wildfire 
services are considered, for purposes of tort liability, employees 
of the coimtry receiving said services when the individuals are 
fighting fires. The Secretary of Agriculture or the Secretary of 
the Interior shall not enter into any agreement under this provision 
unless the foreign country (either directly or through its fire 
organization) agrees to assimie any and all liability for the acts 
or omissions of American firefighters engaged in firefighting in 
a foreign country. When an agreement is reached for furnishing 
fire fighting services, the only remedies for acts or omissions com- 
mitted while fighting fires shall be those provided under the laws 
of the host country and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires in a foreign 
country. Neither the sending country nor any organization associ- 
ated with the firefighter shall be subject to any action whatsoever 
pertaining to or arism^ out of fighting fires. 

Sec. 328. A grazmg permit or lease issued by the Secretary 
of the Interior or a grazing permit issued by the Secretary of 
Agriculture where National Forest System lanas are involved that 
expires, is transferred, or waived during fiscal year 2003 shall 
be renewed under section 402 of the Federal Land Policy and 
Management Act of 1976, as amended (43 U.S.C. 1752), section 
19 of the Granger-Thye Act, as amended (16 U.S.C. 5801), title 
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et 
seq.), or, if applicable, section 510 of the California Desert Protection 
Act (16 U.S.C. 410aaa-50). The terms and conditions contained 
in the expired, transferred, or waived permit or lease shall continue 
in effect under the renewed permit or lease until such time as 
the Secretary of the Interior or Secretary of Agriculture as appro- 
priate completes processing of such permit or lease in compliance 
with all applicable laws and regulations, at which time such permit 
or lease may be canceled, suspended or modified, in whole or 
in part, to meet the reqvurements of such applicable laws and 
regulations. Nothing in this section shall be deemed to alter the 
statutory authority of the Secretary of the Interior or the Secretary 
of A^culture: Provided, That where National Forest System land^ 
are involved and the Secretary of Agriculture has renewed an 
expired or waived grazing permit prior to or during fiscal year 
2003 under the authority of section 504 of the Rescissions Act 
of 1995 (Public Law 104-19), the terms and conditions of the 
renewed grazing permit shall remain in effect until such time 
as the Secretary of Agriculture completes processing of the renewed 



28 



PUBLIC LAW 108-7— FEB. 20, 2003 



117 STAT. 277 



penxiit in compliance with all applicable laws and regulations or 
until the expiration of the renewed permit, whichever comes first. 
Upon completion of the processing, the permit may be canceled, 
suspended or modified, in whole or in part, to meet the requirements 
of applicable laws and regulations. Nothing in this section shall 
be deemed to alter the Secretary of Agriculture's statutory 
authority. 

Sec. 329. Notwithstanding any other provision of law or regula- 
tion, to promote the more efficient use of the health care funding 
allocation for fiscal year 2003, the Eagle Butte Service Unit of 
the Indian Health Service, at the request of the Cheyenne River 
Sioux Tribe, may pay base salary rates to health professionals 
up to the highest grade and step available to a physician, phar- 
macist, or other health professional £md may pay a recruitment 
or retention bonus of up to 25 percent above the base pay rate. 

Sec. 330. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States GSovemment except pursuant to a transfer made 
by, or transfer authority provided in, this Act or any other appro- 
priations Act. 

Sec. 331. Prohibition of Oil and Gas Drilling in the Finger 
Lakes National Forest, New York.— None of the funds in this 
Act may be used to prepare or issue a permit or lease for oil 
or gas drilling in the Finger Lakes National Forest, New York, 
during fiscal year 2003. 

Sec. 332. None of the funds made available in this Act may 
be used for the planning, design, or construction of improvements 
to Pennsylvania Avenue in fi^ont of the White House without the 
advance approval of the Committees on Appropriations. 

Sec. 333. In awarding a Federal Contract with fimds made 
available by this Act, the Secretary of Agriculture and the Secretary 
of the Interior (the "Secretaries") may, in evaluating bids and 
proposals, give consideration to local contractors who are from, 
and who provide employment and training for, dislocated and dis- 
placed workers in an economically disadvantaged rural commimity, 
mcluding those historiceilly timber-dependent areas that have been 
affected by reduced timber harvesting on Federal lands and other 
forest-dependent rural communities isolated from significant alter- 
native employment opportunities: Provided, That uie contract is 
for forest nazgu-dous fuels reduction, watershed or water quality 
monitoring or restoration, wildlife or fish population monitoring, 
or habitat restoration or management: Provided further. That the 
terms "rural community" and economically disadvantaged" shall 
have the same meanings as in section 2374 of Public Law 101- 
624: Provided further, That the Secretaries shall develop guidance Guidelines, 
to implement this section: Provided further. That nothing in this 
section shall be construed as relieving the Secretaries of any duty 
under applicable procurement laws, except as provided in thus sec- 
tion. 

Sec. 334. Section 401(e)(4)(B) of PubUc Law 105-83 is amended 43 USC I474d. 
after "Not more than" by striking "5 percent" and inserting "15 
percent". 

Sec. 335. The Record of Decision for the 2003 Supplemental 
Environmental Impact Statement for the 1997 Tongass Land 
Memagement Plan shall not be reviewed imder any Forest Service 
administrative appeal process, and its adeauacy shall not be subject 
to judicial review by any covu*t of the United States. 



29 



117 STAT. 278 PUBLIC LAW 108-7— FEB. 20, 2003 

113 Stat. 1707. Sec. 336. Section 7(c) of Public Law 106-143 is amended by 

striking "2001" and inserting "2004". 

Sec. 337. Clarification of Alaska Native Settlement 
Trusts, (a) Section 1629b of title 43, United States Code, is 
amended — 

(1) at subsection (dXD by striking "An" and inserting in 
its place "Except as otherwise set forth in subsection (d)(3) 
of this section, an"; 

(2) by creating the following new subsection: 

"(dX3) A resolution described in subsection (a)(3) of this section 
shall be considered to be approved by the shareholders of a Native 
Corporation if it receives the affirmative vote of shares 
representing — 

"(A) a majority of the shares present or represented by 
proxy at the meeting relating to such resolution, or 

"(B) an amount of shares greater than a majority of the 
shares present or represented by proxy at the meeting relating 
to such resolution (but not greater than two-thirds of the total 
voting power of the corporation) if the corporation establishes 
such a level by an amendment to its articles of incorporation."; 
and 

(3) by creating the following new subsection: 

"(0 Substantlally All of the Assets.— For purposes of this 
section and section 1629e of this title, a Native Corporation shall 
be considered to be transferrinjg all or substantially all of its assets 
to a Settlement Trust only if such assets represent two-thirds 
or more of the fair market value of the Native Corporation's total 
assets.". 

(b) Section 1629e(a)(3) of title 43, United States Code, is 
amended by striking subparagraph (B) and inserting in its place 
the following: 

"(B) shall give rise to dissenters rights to the extent 
provided under the laws of the State only if— 

"(i) the rights of beneficiaries in the Settlement 
Trust receiving a conveyance are inalienable; and 

"(ii) a shareholder vote on such transfer is required 

by (a)(4) of section 1629b of this title.". 

16 use 2104 Sec. 338. Congress reaffirms its original intent that the Herger- 

""**• Feinstein Quinqr Library Group Forest Recovery Act of 1998 be 

implemented, and hereby extends the expiration of the Quincy 

Library Group Act by 5 years. 

Sec. 339. Amendment to Titles I and II of the Energy 
Policy and Conservation Act. (a) Title I of the Energy Policy 
and Conservation Act (42 U.S.C. 6231-6247b) is amended— 

(1) by amending section 166 (42 U.S.C. 6246) to read as 
follows: 

"Sec. 166. There are authorized to be appropriated such svuns 
as may be necessary to implement this part, to remain available 
until expended."; 

(2) in section 186 (42 U.S.C. 6250e), by striking "for fiscal 
years 2001, 2002, and 2003"; and 

(3) in section 191 (42 U.S.C. 6251), by striking "September 
30, 2003" each time it appears and inserting "September 30, 
2008". 

(b) Title II of the Energy Policy and Conservation Act (42 
U.S.C. 6211-6251) is amended— 



30 



PUBLIC LAW 108-7— FEB. 20, 2003 



117 STAT. 279 



(1) by amending section 256(h) (42 U.S.C. 6276) to read 

as follows: 

"(h) Authorization of Appropriations.— There are authorized 
to be appropriated such sums as may be necessary to implement 
this part, to remain available until expended."; and 

(2) in section 281 (42 U.S.C. 6285), by striking "September 
30, 2003" each time it appears and inserting "September 30, 2008". 

Sec. 340. No funds appropriated in this Act for the acquisition 
of lands or interests in lands may be expended for the filing of 
declarations of teddng or complaints in condemnation without the 
approval of the House and Senate Committees on Appropriations: 
Provided, That this provision shall not apply to funds appropriated 
to implement the Everglades National Park Protection and Expan- 
sion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes. 

Sec. 341. Designation of Panthertown Valley Tract of 
Nantahala National Forest, Jackson County, North Carolina, 
IN Honor of James and Elspeth McClure Clarke. The portion 
of the Nantahala Nationed Forest in Jackson County, North Caro- 
lina, known as the Panthertown Valley tract and consisting of 
approximately 6,294 acres is hereby designated as the "James and 
Elspeth McClure Clarke Forest" in honor of James and Elspeth 
McClure Clarke. 

TITLE IV— rUF SHUR BIEN 
PRESERVATION TRUST AREA 



SEC. 401. SHORT TITLE. 

This title may be cited as the 
Trust Area Act". 

SEC. 402. FINDINGS AND PUHPOSES. 



'Tuf Shiu- Bien Preservation 



(a) Findings. — Congress finds that — 

(1) in 1748, the Pueblo of Sandia received a grant from 
a representative of the King of Spain, which grant was recog- 
nized and confirmed by Congress in 1858 (11 Stat. 374); and 

(2) in 1994, the Pueblo filed a civil action against the 
Secretary of the Interior and the Secretary of Agriculture in 
the United States District Court for the District of Columbia 
(Civil No. 1:94CV02624), asserting that Federal surveys of the 
grant boundaries erroneously excluded certain land within the 
Cibola National Forest, including a portion of the Sandia Moun- 
teun Wilderness. 

(b) Purposes. — ^The purposes of this title are — 

(1) to establish the Tuf Shur Bien Preservation Trust 
Area in the Cibola National Forest; 

(2) to confirm the status of national forest land and wilder- 
ness land in the Area while resolving issues associated with 
the civil action referred to in subsection (a)(2) and the opinions 
of the Solicitor of the Department of the Interior dated 
December 9, 1988 (M-36963; 96 I.D. 331) and January 19, 
2001 (M-37002); and 

(3) to provide the Pueblo, the parties to the civil action, 
and the public vdth a fair and just settlement of the Pueblo's 
claim. 



Tuf Shur Bien 

Preservation 

Trust Area Act. 

Native 

Americans. 

New Mexico. 

National Forest 

System. 

hfational 

Wilderness 

Perservation 

System. 

16 use 539m 

note. 

16 use 539. 



31 



117 STAT. 554 PUBLIC LAW 108-7— FEB. 20, 2003 

with China, including the need for corporate reporting on 
United States investments in China and incentives that 
China may be offering to United States corporations to 
relocate production and R&D to China. 

(F) Regional economic and security impacts.— The 
Commission shall assess the extent of China's "hollowing- 
out" of Asian manufacturing economies, and the impact 
on United States economic and security interests in the 
region; review the triangular economic and security rela- 
tionship among the United States, Taipei and Beijing, 
including Beijing's miUtaiy modernization and force deploy- 
ments aimed at Taipei, and the adequacy of United States 
executive branch coordination and consultation with Con- 
gress on United States arms sales and defense relationship 
with Taipei. 

(G) tjNITED STATES-CHINA BILATERAL PROGRAMS.— The 
Commission shall assess science and technology programs 
to evaluate if the United States is developing an adequate 
coordinating mechanism with appropriate review by the 
intelligence community^ with Congress; assess the degree 
of non-comphance by Cfhina and United States-China agree- 
ments on prison labor imports and intellectual property 
rights; evaluate United States enforcement policies; and 
recommend what new meas\ires the United States Govern- 
ment might take to strengthen our laws and enforcement 
activities and to encourage compUance by the Chinese. 

(H) World trade organization compll\nce.— The 
Commission shall review China's record of compliance to 
date with its accession agreement to the WTO, and explore 
what incentives and policy initiatives should be pursued 
to promote further compliance by China. 

(I) Medl\ control. — The Commission shall evaluate 
Chinese government efforts to influence and control percep- 
tions of the United States and its poHcies through the 
internet, the Chinese print and electronic media, and Chi- 
nese internal propaganda. 

22 use 7002 (3) Effective date.— This section shall take effect on the 

"ote. date of enactment of this Act. 

Approved February 20, 2003. 



legislative mSTORY— H.J. Res. 2: 

HOUSE REPORTS: No. 108-10 (Comm. of Conference). 
congressional record, Vol. 149 (2003): 

Jan. 8, considered and passed House. 

Jan. 15-17, 21-23, considered and passed Senate, amended. 

Feb. 13, House and Senate agreed to conference report. 
WEEKLY compilation OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): 

Feb. 20, Presidential statements. 



o 



32 



PUBLIC LAW 108-16— APR. 23, 2003 117 STAT. 621 



2003. 



Public Law 108-16 
108th Congress 

An Act 

To provide for the eradication and control of nutria in Maryland and Louisiana. — — '■ 

[H.R. 273] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Nutria 

Eradication and 
SECTION 1. SHORT TITLE. Control Act of 

This Act may be cited as the "Nutria Eradication and Control 
Act of 2003". 

SEC. 2. FINDINGS AND PURPOSES. 

(a) Findings. — ^The Congress finds the following: 

(1) Wetlands and tidal marshes of the Chesapeake Bay 
and in Louisiana provide significant cultural, economic, and 
ecological benefits to the Nation. 

(2) The South American nutria (Myocastor coypus) is 
directly contributing to substantial marsh loss in Maryland 
and Louisiana on Federal, State, and private land. 

(3) Traditional harvest methods to control or eradicate 
nutria have failed in Maryland and have had limited success 
in the eradication of nutria in Louisiana. Consequently, marsh 
loss is accelerating. 

(4) The nutria eradication and control pilot program author- 
ized by Public Law 105-322 is to develop new and effective 
methods for eradication of nutria. 

(b) Purpose. — The purpose of this Act is to authorize the Sec- 
retary of the Interior to provide financial assistance to the State 
of Maryland and the State of Louisiana for a program to implement 
measures to eradicate or control nutria and restore marshland 
damaged by nutria. 

SEC. 3. NUTRIA ERADICATION PROGRAM. 

(a) Grant Authority. — ^The Secretary of the Interior (in this 
Act referred to as the "Secretary"), subject to the availability of 
appropriations, may provide financial assistance to the State of 
Maryland and the State of Louisiana for a program to implement 
measures to eradicate or control nutria and restore marshland 
damaged by nutria. 

(b) Goals. — The goals of the program shall be to — 

(1) eradicate nutria in Maryland; 

(2) eradicate or control nutria in Louisiana and other 
States; and 

(3) restore marshland damaged hy nutria. 

(c) AcTivrnES. — In the State of Maryland, the Secretary shall 
require that the program consist of management, research, and 



33 



117 STAT. 622 PUBLIC LAW 108-16— APR. 23, 2003 

public education activities carried out in accordance with the docu- 
ment published by the United States Fish and Wildlife Service 
entitled "Eradication Strategies for Nutria in the Chesapeake and 
Delaware Bay Watersheds", dated March 2002. 

(d) Cost Sharing.— 

(1) Federal share.— The Federal share of the costs of 
the program may not exceed 75 percent of the total costs 
of the program. 

(2) In-kind contributions.— The non-Federal share of the 
costs of the program may be provided in the form of in-kind 
contributions of materials or services. 

(e) Limitation on Administrative Expenses. — Not more than 
5 percent of financial assistance provided by the Secretary vmder 
this section may be used for administrative expenses. 

(f) Authorization of Appropriations.— For financial assist- 
ance under this section, there is authorized to be appropriated 
to the Secretary $4,000,000 for the State of Maryland program 
and $2,000,000 for the State of Louisiana program for each of 
fiscal years 2004, 2005, 2006, 2007, and 2008. 

DeadUne. SEC. 4. REPORT. 

No later than 6 months after the date of the enactment of 
this Act, the Secretary and the National Invasive Species Council 
shall— 

(1) give consideration to the 2002 report for the Louisiana 
Department of Wildlife and Fisheries titled "Nutria in Lou- 
isiana", and the 2002 document entitled "Eradication Strategies 
for Nutria in the Chesapeake and Delaware Bay Watersheds"; 
and 

(2) develop, in cooperation with the State of Louisiana 
Department of Wildlife and Fisheries and the State of Maryland 
Department of Natural Resources, a long-term nutria control 
or eradication program, as appropriate, with the objective to 
significantly reduce and restore the damage nutria cause to 
coastal wetlands in the States of Louisiana and Maryland. 

Approved April 23, 2003. 



legislative history— H.R. 273: 

congressional record, Vol. 149 (2003): 
Apr. 8, considered and passed House. 
Apr. 9, considered and passed Senate. 

o 



34 



117 STAT. 772 



PUBLIC LAW 108-29— MAY 29, 2003 



Public Law 108-29 
108th Congress 



An Act 



May 29, 2003 
[S. 330] 



Veterans' 

Memorial 

Preservation and 

Recognition Act 

of 2003. 

18 use 1369 

note. 



To further the protection and recognition of veterans' memorials, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLEL 

This Act may be cited as the "Veterans' Memorial Preservation 
and Recognition Act of 2003". 

SEC. 2. CRIMINAL PENALTIES FOR DESTRUCHON OF VETERANS' 
MEMORIALS. 

(a) In General.— Chapter 65 of title 18, United States Code, 
is amended by adding at the end the following: 

"§ 1369. Destruction of veterans' memorials 

"(a) Whoever, in a circumstance described in subsection (b), 
willfully injures or destroys, or attempts to iiyure or destroy, any 
structure, plaque, statue, or other monument on public property 
commemorating the service of any person or persons in the armed 
forces of the United States shall be fined under this title, imprisoned 
not more than 10 years, or both. 

"(b) A circumstance described in this subsection is that — 

"(1) in committing the offense described in subsection (a), 

the defendant travels or causes another to travel in interstate 

or foreign commerce, or uses the mail or an instrumentality 

of interstate or foreign commerce; or 

"(2) the structure, plaque, statue, or other monument 

described in subsection (a) is located on property owned by, 

or under the jurisdiction of, the Federal Government.". 

(b) Clerical Amendment. — ^The table of sections at the begin- 
ning of chapter 65 of title 18, United States Code, is amended 
by adding at the end the following: 

"1369. Destruction of veterans' memorials.". 
23 use 109 note. SEC. 3. fflGHWAY SIGNS RELATING TO VETERANS CEMETERIES. 

(a) In General. — ^Notwithstanding the terms of any agreement 
entered into by the Secretary of Transportation and a State under 
section 109(d) or 402(a) of title 23, United States Code, a veterans 
cemetery shall be treated as a site for which a supplemental guide 
sign may be placed on any Federal-aid highway. 



35 



PUBLIC LAW lOa-29— MAY 29, 2003 117 STAT. 773 

(b) Applicability. — Subsection (a) shall apply to an agreement 
entered into before, on, or after the date of the enactment of 
this Act. 

Approved May 29, 2003. 



LEGISLATIVE HISTORY— S. 330: 

HOUSE REPORTS: No. 10&-112, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

Mar. 27, considered and passed Senate. 

May 20, considered and passed House. 



o 



36 



PUBLIC LAW 108-32— JUNE 17, 2003 



117 STAT. 779 



Public Law 108-32 
108th Congress 



An Act 



June 17, 2003 
[S. 273] 



Grand Teton 

National Park 

Land Exchange 

Act 

16 irSC 406d-l 

note. 

16 use 406d-l 
note. 



To provide for the expeditious completion of the acquisition of land owned by 
the State of Wyoming within the boundaries of Grand Teton National Park, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Grand Teton National Park 
Land Exchange Act". 

SEC. 2. DEFINITIONS. 

As ixsed in this Act: 

(1) The term "Federal lands" means public lands as defined 
in section 103(e) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702(e)). 

(2) The term "Grovemor" means the Governor of the State 
of Wyoming. 

(3) The term "Secretary" means the Secretary of the 
Interior. 

(4) The term "State lands" means lands and interest in 
lands owned by the State of Wyoming within the boundaries 
of Grand Teton National Park as identified on a map titled 
"Private, State & County Inholdings Grand Teton National 
Park", dated March 2001, and numbered GTNP/0001. 

SEC. 3. ACQUISITION OF STATE LANDS. 

(a) The Secretary is authorized to acquire approximately 1,406 
acres of State lands within the exterior boundaries of Grand Teton 
National Park, as generally depicted on the map referenced in 
section 2(4), by any one or a combination of the following — 

(1) donation; 

(2) purchase with donated or appropriated funds; or 

(3) exchange of Federal lands in the State of Wyoming 
that are identified for disposal under approved land use plans 
in effect on the date of enactment of this Act under section 
202 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712) that are of equal value to the State lands 
acquired in the exchange. 

(b) In the event that the Secretary or the Governor determines Reports, 
that the Federal lands eligible for exchemge under subsection (a)(3) 

are not sufficient or acceptable for the acquisition of all the State 
lands identified in section 2(4), the Secretary shall identify other 
Federal lands or interests therein in the State of Wyoming for 
possible exchange and shall identify such lands or interests together 



16 use 406d-l 
note. 



37 



117 STAT. 780 PUBLIC LAW 108-32-JUNE 17, 2003 

with their estimated value in a report to the Committee on Energy 
and Natural Resources of the United States Senate and the Com- 
mittee on Resources of the House of Representatives. Such lands 
or interests shall not be available for exchange unless authorized 
by an Act of Congress enacted after the date of submission of 
the report. 

16 use 406d-l SEC. 4. VALUATION OF STATE AND FEDERAL INTERESTS. 

°°** (a) Agreement on Appraiser.— If the Secretary and the Gov- 

ernor are unable to agree on the value of any Federal lands eligible 
for exchange imder section 3(a)(3) or State lands, then the Secretary 
and the Governor may select a qualified appraiser to conduct an 
appraisal of those lands. The purchase or exchange under section 
3(a) shall be conducted based on the values determined by the 
appraisal. 

(b) No Agreement on Appraiser.— If the Secretary and the 
Governor are unable to agree on the selection of a quaUfied 
appraiser imder subsection (a), then the Secretaxy and the Governor 
shall each designate a qualified appraiser. The two designated 
appraisers shall select a qualified tmrd appraiser to conduct the 
appraisal with the advice and assistance of the two designated 
appraisers. The purchase or exchange imder section 3(a) shall be 
conducted based on the values determined by the appraisal. 

(c) Appraisal Costs.— The Secretary and the State of Wyoming 
shall each pay one-half of the appraisal costs under subsections 
(a) and (b). 

16 use 406d-l SEC. 5, ADMINISTRATION OF STATE LANDS ACQUIRED BY THE 
•lote. UNITED STATES. 

The State lands conveyed to the United States under section 
3(a) shall become part of Grand Teton National Park. The Secretary 
shall manage sucn lands under the Act of August 25, 1916 (com- 
monly known as the "National Park Service Organic Act"), and 
other laws, rules, and regulations applicable to Grand Teton 
National Park. 

16 use 406d-l SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary for the purposes of this Act. 

Approved June 17, 2003. 



LEGISLATIVE HISTORY— S. 273: 

SENATE REPORTS: No. 108-14 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

Apr. 3, considered and passed Senate. 

June 3, 5, considered and passed House. 



o 



38 



117 STAT. 832 PUBLIC LAW 108-37-JUNE 26, 2003 



Public Law 108-37 
108th Congress 

An Act 

T 9fi 9nn^ '^° designate the regional headquarters building for the National Park Service 
yune b, Wd under construction in Omaha, Nebraska, as the "Carl T. Curtis National Park 

[S. 703] Service Midwest Regional Headquarters Building". 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. DESIGNATION OF CARL T. CURTIS NATIONAL PARK 
SERVICE MIDWEST REGIONAL HEADQUARTERS 
BUILDING, 

The regional head(juarters building for the National Park 
Service under construction in Omaha, Nebraska, shall be known 
and designated as the "Carl T. Curtis National Park Sei-vice Mid- 
west Regional Headquarters Building". 

SEC. 2. REFERENCES. 

Any reference in a law, map, regulation, document, paper, 
or other record of the United States to the regional headquarters 
building referred to in section 1 shall be deemed to be a reference 
to the Carl T. Curtis National Park Service Midwest Regional 
Headquarters Building. 

Approved June 26, 2003. 



LEGISLATIVE HISTORY- S. 703: 

HOUSE REPORTS: No. 108-135 (Comm. on Transportation and Infrastructure). 
CONGRESSIONAL RECORD. Vol. 149 (2003): 

Apr. 11, considered and passed Senate. 

June 16, considered and passed House. 

o 



39 



117 STAT. 840 



PUBLIC LAW 108-42-^nJLY 1, 2003 



July 1, 2003 
[H.R. 519] 



San Grabriel 
River Watershed 
Study Act. 
California. 



Applicability. 



Deadline. 



Public Law 108-42 
108th Congress 



An Act 



To authorize the Secretary of the Interior to conduct a study of the San Gabriel 
River Watershed, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "San Gabriel Biver Watershed 
Study Act". 

SEC. 2. STUDY OF SAN GABRIEL RIVER WATERSHED. 

(a) In General. — ^The Secretary of the Interior (hereafter in 
this Act referred to as the "Secretary") shall conduct a special 
resource study of the following areas: 

(1) The San Gabriel River and its tributaries north of 
and including the city of Santa Fe Springs. 

(2) The San Gabriel Mountains within the territory of 
the San Gabriel and Lower Los Angeles Rivers and Mountains 
Conservancy (as defined in section 32603(c)(1)(C) of the State 
of California Public Resource Code). 

(b) Study Conduct and Completion.— Section 8(c) of Public 
Law 91-383 (16 U.S.C. la-5(c)) shall apply to the conduct and 
completion of the study conducted under tMs section. 

(c) Consultation with Federal, State, and Local Govern- 
ments. — In conducting the study under this section, the Secretary 
shall consult with the San Gabriel and Lower Los Angeles Rivers 
and Mountains Conservancy and other appropriate Federal, State, 
and local governmental entities. 

(d) Considerations. — In conducting the study under this sec- 
tion, the Secretary shall consider regional flood control and drainage 
needs and publicly owned infrastructure such as wastewater treat- 
ment facilities. 

SEC. 3. REPORT. 

Not later than 3 years after funds are made available for 
this Act, the Secretary shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee on 
Resoiu-ces of the House of Representatives a report on the findings, 
conclusions, and recommendations of the study. 

Approved July 1, 2003. 



legislative history— H.R. 519: 

SENATE REPORTS: No. 10&-65 (Comm. on Energy and Natural Resources). 
congressional record, Vol. 149 (2003): 

Mar. 19, considered and passed House. 

June 16, considered and passed Senate. 

o 



40 



PUBLIC LAW lOa-43— JULY 1, 2003 



117 STAT. 841 



Public Law 108-43 
108th Congress 



An Act 



To revise the boundary of the Glen Canyon National Recreation Area in the States 
of Utah and Arizona. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Glen Canyon National Recreation 
Area Boundaiy Revision Act". 

SEC. 2. GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVI- 
SION. 

(a) In General.— The first section of Public Law 92-593 (16 
U.S.C. 460dd; 86 Stat. 1311) is amended— 

(1) by striking "That in" and inserting "SECTION 1. (a) 
In"; and 

(2) by adding at the end the foUoAving: 

"(b) In addition to the boimdary change authority under sub- 
section (a), the Secretary may acquire approximately 152 acres 
of private land in exchange for approximately 370 acres of land 
within the boundary of Glen Canyon Nationed Recreation Area, 
as generally depicted on the map entitled 'Page One Land Exchange 
Proposal', nxmiber 608/60573a-2002, and dated May 16, 2002. The 
map shall be on file and available for public inspection in the 
appropriate offices of the National Park Service. Upon conclusion 
of the exchange, the boundary of the recreation area shall be 
revised to reflect the excheinge.". 

(b) Change in Acreage Ceiling. — Such section is further 
amended by striking "one million two hundred and thirty-six thou- 
sand eight himdred and eighty acres" and inserting "1,256,000 
acres". 

Approved July 1, 2003. 



July 1, 2003 
[H.R. 788] 



Glen Canyon 
National 
Recreation Area 
Boundary 
Revision Act. 
16 use 460dd 
note. 



LEGISLATIVE HISTORY— H.R. 788: 

SENATE REPORTS: No. 108-«7 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

Mar. 25, considered and passed House. 

June 16, considered and passed Senate. 

o 



41 



117 STAT. 860 PUBLIC LAW 10&-59— JULY 14, 2003 



July 14, 2003 
[S. 858] 



Public Law 108-59 
108th Congress 

An Act 

To extend the Abraham Lincoln Bicentennial Conunission, and for other purposes. 



Be it enacted by the Senate: and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. ABRAHAM LINCOLN BICENTENNIAL COMMISSION. 

(a) Duties. — Section 4 of the Abraham Lincoln Bicentennial 
Commission Act (36 U.S.C. note prec. 101; PubUc Law 106-173) 
is amended — 

(1) in paragraph (1)(D), by striking "redesignation" and 
inserting "rededication"; and 

(2) by adding at the end the following: 

"(3) To recommend to Congress a plan to carry out the 
activities recommended under paragraph (2). 

"(4) To carry out other related activities in support of 
the duties carriea out under paragraphs (1) throiigh (3). '. 

(b) Extension.— Section 8 of such Act (36 U.S.C. note prec. 
101; Public Law 106-173) is amended— 

(1) in subsection (a), by striking "The" and inserting "In 
addition to the interim report required under subsection (b), 
the"; 

(2) in subsection (b) — 

(A) in the subsection heading, by striking "PiNAL 
Report.—" and inserting "Required Interim Re- 
port.—"; 
Reports. (B) by Striking the first sentence and inserting: "Not 

Deadline. later than June 24, 2004, the Commission shall submit 

an interim report to Congress."; and 

(C) in the second sentence, by striking "final"; and 

(3) by adding at the end the following: 



42 



PUBLIC LAW 108-59-^JULY 14, 2003 117 STAT. 861 

"(c) Final Report. — Not later than April 30, 2010, the Commis- Deadline, 
sion shall submit a final report to Congress. The final report shall 
contain final statements, recommendations, and information 
described under subsection (b) (1), (2), and (3).". 

Approved July 14, 2003. 



LEGISLATIVE fflSTORY— S. 858: 

CONGRESSIONAL RECORD, Vol. 149 (2003): 
May 23, considered and passed Senate. 
June 25, considered and passed House. 

o 



43 



PUBLIC LAW 108-62^JULY 29, 2003 117 STAT. 871 



Public Law 108-62 
108th Congress 

An Act 

To authorize the Secretary of the Interior to grant an easement to facilitate access July 29, 2003 

to the Lewis and Clark Interpretative Center in Nebraska City, Nebraska. [H.R. 255] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. AUTHORITY TO GRANT EASEMENT. 

(a) In General. — The Secretary of the Interior is authorized 
to grant an easement to Otoe County, Nebraska, for the purpose 
of constructing and maintaining an access road between the Lewis 
and Clark Interpretive Center in Nebraska City, Nebraska, and 
each of the following roads: 

(1) Nebraska State Highway 2. 

(2) Otoe County Road 67. 

(b) Location of Road. — ^The access road referred to in sub- 
section (a) shall not be located, in whole or in part, on private 
property. 

SEC. 2. USE OF FEDERAL FUNDS. 

No funds from the Department of the Interior may be used 
for design, construction, maintenance, or operation of the access 
road referred to in subsection (a) of section 1. 

Approved July 29, 2003. 



LEGISLATIVE HISTORY— RR. 255: 

SENATE REPORTS; No. 108-99 (Coram, on Enerey and Natural Resources). 
congressional RECORD, Vol. 149 (2003): 

May 14, considered and passed House. 

July 17, considered and passed Senate. 



o 



44 



117 STAT. 872 



PUBLIC LAW 108-63— JULY 29, 2003 



Public Law 108-63 
108th Congress 



July 29, 2003 
IH.R. 733] 



McLoughlin 
House Addition 
to Fort 
Vancouver 
National Historic 
Site Act. 
16 use 450ff 
note. 



An Act 



To authorize the Secretary of the Interior to acquire the McLoughlin House in 
Oregon City, Oregon, for inclusion in Fort Vancouver National Historic Site, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; DEFINITIONS. 

(a) Shokt Title. — ^This Act may be cited as the "McLoughlin 
House Addition to Fort Vancouver National Historic Site Act". 

(b) Definitions. — ^For the purposes of this Act, the following 
definitions apply: 

(1) Crry. — The term "City" means Oregon City, Oregon. 

(2) McLoUGHUN HOUSE.— The term "McLoughlin House" 
means the McLoughlin House National Historic Site which 
is described in the Acting Assistant Secretary of the Interior's 
Order of June 27, 1941, and generally depicted on the map 
entitled "McLoughlin House, Fort Vancouver National Historic 
Site", numbered 389/92,002, and dated 5/01/03, and includes 
the McLoughlin House, the Barclay House, and other associated 
real property, improvements, and personal property. 

(3) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

SEC. 2. MCLOUGHLIN HOUSE ADDITION TO FORT VANCOUVER. 

(a) Acquisition. — ^The Secretary is authorized to acquire the 
McLoughlin House, from willing sellers only, by donation, purchase 
with donated or appropriated funds, or excnange, except that lands 
or interests in lands owned by the City may be acquirea by donation 
only. 

(b) Map Availability.— The map identifying the McLoughhn 
House referred to in section l(bX2) shall be on file and available 
for inspection in the appropriate offices of the National Park Service, 
Department of the Interior. 

(c) Boundaries; Administration. — ^Upon acquisition of the 
McLoughlin House, the acquired property shall be included within 
the boundaries of, and be administered as part of, the Fort Van- 
couver National Historic Site in accordance with all applicable 
laws and regulations. 

(d) Name Change. — Upon acquisition of the McLoughlin House, 
the Secretary shedl change the name of the site from the 
"McLoughlin House National Historic Site" to the "McLoughlin 
House". 

(e) Federal Laws. — ^After the McLoughlin House is acqviired 
and added to Fort Vancouver National Historic Site, any reference 



45 



PUBLIC LAW 108-63— JULY 29. 2003 117 STAT. 873 

in a law, map, regulation, document, paper, or other record of 
the United States to the "McLoughlin House National Historic 
Site" (other than this Act) shall be deemed a reference to the 
"McLoughlin House", a unit of Fort Vancouver National Historic 
Site. 

Approved July 29, 2003. 



LEGISLATIVE fflSTORY— H.R. 733: 

SENATE REPORTS: No. 108-66 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

Apr. 8, considered and passed House. 

June 16, considered and passed Senate, amended. 

July 16, House concurred in Senate amendments. 



o 



46 



117 STAT. 874 PUBLIC LAW 108-64-JULY 29, 2003 



Public Law 108-64 
108th Congress 

An Act 

July 29, 2003 To designate the visitor center in Organ Pipe Cactus National Monument in Arizona 
[H.R. 1577] *" *^® "Kris Eggle Visitor Center^, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
16 use 431 note, the United States of America in Congress assembled, 

SECTION 1. REDESIGNATION. 

(a) Finding.— Congress finds that in August 2002, Kris Eggle, 
a 28-year-old park ranger in Organ Pipe Cactus National Monu- 
ment, was murdered in the line of duty along the border between 
the United States and Mexico. 

(b) Dedication. — Congress dedicates the visitor center in Organ 
Pipe Cactus National Monvunent to Kris Eggle and to promoting 
awareness of the risks taken each day by aU public land manage- 
ment law enforcement officers. 

(c) REDESIGNATION. — ^The visitor center in Organ Pipe Cactus 
National Monument in Arizona is hereby designated as the "Kris 
Eggle Visitor Center". 

(d) Reference. — Any reference to the visitor center in Organ 
Pipe Cactus National Monument in Arizona, in any law, regulation, 
map, document, record, or other paper of the United States shall 
be considered to be a reference to the "Kris Eggle Visitor Center". 

(e) Signage. — ^The Secretary of the Interior shall post interpre- 
tive signs at the visitor center and at the trailhead of the Baker 
Mine-Milton Mine Loop that — 

(1) describe the important role of pubhc law enforcement 
officers in protecting parK visitors; 

(2) refer to the tragic loss of Kris Eggle in underscoring 
the importance of these officers; 

(3) refer to the dedication of the trail and the visitor center 
by Congress; and 

(4) include a copy of this Act and an image of Kris Eggle. 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this Act. 

Approved July 29, 2003. 

LEGISLATIVE HISTORY— H.R. 1577: 

SENATE REPORTS: No. 108-100 {Comin. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

May 14, considered and passed House. 

July 17, considered and passed Senate. 

o 



47 



117 STAT. 1054 PUBLIC LAW 108-87— SEPT. 30, 2003 



Public Law 10&-87 
108th Congress 

An Act 

Sept. 30, 2003 Making appropriations for the Department of Defense for the fiscal year ending 

[H.R. 2658] September 30, 2004, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Department of the United States of America in Congress assembled, That the 
Deiense foUowing sums are appropriated, out of any money in the Treasury 

Act*'™o^*'°'" not otherwise appropriated, for the fiscal year ending September 

30, 2004, for mihtary functions administered by the Department 

of Defense, and for other purposes, namely: 

TITLE I 
MILITARY PERSONNEL 

Mejtary Personnel, Army 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporeuy duty travel between permanent duty sta- 
tions, for members of the Army on active duty, (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 166 of PubUc Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $28,247,667,000. 

Military Personnel, Navy 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including edl expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for payments pursuant to section 156 of PubUc Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $23,217,298,000. 

Military Personnel, Marine Corps 

For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta- 
tions, for members of the Marine Corps on active duty (except 



48 



PUBLIC LAW 108-87— SEPT. 30, 2003 117 STAT. 1071 

Payment to Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Fund 

For payment to Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Fund, as authorized by law, 
$18,430,000, to remain available until expended. 

National Security Education Trust Fund 

For the purposes of title VIII of Public Law 102-183, 
$8,000,000, to be derived from the National Security Education 
Trust Fund, to remain available until expended. 

TITLE VIII 

GENERAL PROVISIONS 

Sec. 8001. No part of any appropriation contained in this 
Act shall be used for pubUcity or propaganda purposes not author- 
ized by the Congress. 

Sec. 8002. During the current fiscal year, provisions of law lo USC 1584 
prohibiting the payment of compensation to, or employment of, °^^- 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own emplovees, 
whichever is higher: Provided further, That this section shall not 
apply to Departaient of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further. That the Umitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 

Sec. 8003. No part of any appropriation contsdned in this 
Act shall remain available for obhgation beyond the current fiscal 
year, unless expressly so provided herein. 

Sec. 8004. No more than 20 percent of the appropriations 
in this Act which are Umited for obhgation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers' Treiining Corps. 

(transfer of funds) 

Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $2,100,000,000 of working capital funds of the Depart- 
ment of Defense or funds made available in this Act to the Depart- 
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes. 



49 



431 note. 



117 STAT. 1100 PUBLIC LAW 108-87— SEPT. 30, 2003 

civilian officials whose participation directly contributes to the edu- 
cation and training of these foreign students. 
16 use Sec. 8121. (a) Exchange Required.— In exchange for the pri- 

4l0aaa-66 note, yate property described in subsection (b), the Secretary of the 
Interior shall convey to the Veterans Home of California — Barstow, 
Veterans of Foreign Wars Post #385E (in this section referred 
to as the "recipient"), all right, title, and interest of the United 
States in and to a parcel of real property consisting of approximately 
one acre in the Mojave National Preserve and designated (by section 
8137 of the Department of Defense Appropriations Act, 2002 (Public 
Law 107-117; 115 Stat. 2278)) as a national memorial commemo- 
rating United States participation in World War I and honoring 
the American veterans of that war. Notwithstanding the conveyance 
of the property imder this subsection, the Secretary shall continue 
to carry out the responsibihties of the Secretary under such section 
8137. 

(b) Consideration. — As consideration for the property to be 
conveyed bv the Secretary under subsection (a), Mr. and Mrs. 
Henry Sandoz of Moimtain Pass, California, have agreed to convey 
to the Secretary a parcel of real property consisting of approximately 
five acres, identified as parcel APN 56&-051-44, and located in 
the west Vz of the northeast Vk of the northwest Vi of the northwest 
Vi of section 11, township 14 north, range 15 east, Seui Bernardino 
base and meridian. 

(c) Equal Value Exchange; Appraisal.— The values of the 
properties to be exchanged under this section shall be eqxial or 
equalized as provided in subsection (d). The value of the properties 
shall be determined through an appraisal performed by a qualified 
appraiser in conformance with the Uniform Appraisal Standards 
for Federal Land Acquisitions (Department of Justice, December 
2000). 

(d) Cash Equalization.— Any difference in the value of the 
properties to be exchanged under this section shall be equalized 
through the making of a cash equalization payment. The Secretary 
shall deposit any cash ec^ualization payment received by the Sec- 
retary under this subsection in the Land and Water Conservation 
Fund. 

(e) Reversionary Clause. — ^The conveyance under subsection 
(a) shall be subject to the condition that the recipient maintain 
the conveyed property as a memorial commemorating United States 
participation in World War I and honoring the American veterans 
of that war. If the Secretary determines that the conveyed property 
is no longer being maintained as a war memorial, the properly 
shall revert to the ownership of the United States. 

(f) Boundary Adjustment; Administration of Acquired 
Land. — ^The boundaries of the Mojave National Preserve shall be 
adjusted to reflect the land exchange required by this section. 
The property acquired by the Secretary under this section shall 
become part of the Moiave National Preserve and be administered 
in accordance with me laws, rules, and regulations generally 
applicable to the Mojave National Preserve. 

Sec. 8122. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation 
of the 53rd Weather Reconnaissance Squadron of the Air Force 
Reserve, if such action would reduce the WC!-130 Weather Recon- 
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 



50 



PUBLIC LAW 108-87— SEPT. 30, 2003 117 STAT. 1109 

of this section, any other cost of dismantling the submarine, and 
the cost of any recycUng or disposal of equipment and materiel 
removed from the submarine before transfer. 

(d) Subsection (d) of section 7306 of title 10, United States 
Code, does not apply to the transfer required vmder subsection 
(a). 

Sec. 8146. Fiscal Year 2004 Exemfhon for Certain Mem- 
bers OF THE Armed Forces From Requirement to Pay Subsist- 
ence Charges While Hospitalized, (a) In General.— Section 
1075 of title 10, United States Code, is amended — 

(1) by inserting "(a) In General.—" before "When"; and 

(2) by striking the second sentence and inserting the fol- 
lowing: 

"(b) Exceptions. — Subsection (a) shall not apply to any of the 
following: 

"(1) An enlisted member, or former enlisted member, of 
a uniformed service who is entitled to retired or retainer pay 
or equivalent pay. 

"(2) An officer or former officer of a uniformed service, 
or an enlisted member or former enlisted member of a uni- 
formed service not described in paragraph (1), who is hospital- 
ized under section 1074 because of an iirjury incurred (as deter- 
mined under criteria prescribed by the Secretary of Defense) — 
"(A) as a direct result of armed conflict; 
"(B) while engaged in hazardous service; 
"(C) in the performance of duty under conditions simu- 
lating war; or 

'XD) through an insti-umentality of war. 
"(c) Applicability. — The exception provided in paragraph (2) 
of subsection (b) shall apply only during fiscal year 20()4.". 

(b) Effective Date.— Subsections (b) and (c) of section 1075 lo use 1075 
of title 10, United States Code, as added by subsection (a), shall °ote. 
take effect on October 1, 2003, and apply with respect to injuries 
incurred before, on, or after that date. 

This Act may be cited as the "Department of Defense Appropria- 
tions Act, 2004". 

Approved September 30, 2003. 



legislative history— H.R. 2658 (S. 1382): 

HOUSE REPORTS: Nos. 108-187 (Coinni. on Appropriations) and 108-283 

(Comm. of Conference). 
senate REPORTS: No. 108-87 accompanying S. 1382 (Comm. on Appropriations). 
congressional record, Vol. 149 (2003): 

July 8, considered and passed House. 

July 14-17, considered and passed Senate, amended. 

Sept. 24, House agreed to conference report. 

Sept. 25, Senate agreed to conference report. 
WEEKLY compilation OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): 

Sept. 30, Presidential statement. 



o 



51 



PUBLIC LAW 108-93— OCT. 3, 2003 



117 STAT. 1161 



Public Law 108-93 
108th Congress 



An Act 



To direct the Secretary of the Interior to conduct a special resource study to 
determine the national significance of the Miami Circle site in the State of 
Florida as well as the suitability and feasibility of its inclusion in the National 
Park System as part of Biscayne National Park, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SPECIAL RESOURCE STUDY. 

(a) Study. — Not later than 3 years after the date funds are 
made available, the Secretary of the Interior (hereinafter referred 
to as the "Secretary") shall conduct a special resource study to 
determine the national significance of the Miami Circle archae- 
ological site in Miami-Dade Coimty, Florida (hereinafter referred 
to as "Miami Circle"), as well as the sxiitability and feasibility 
of its inclusion in the National Park System as part of the Biscayne 
National Park. In conducting the study, the Secretary shall consult 
with the appropriate American Indian tribes and other interested 
groups and organizations. 

(b) Content of Study. — ^In addition to determining national 
significance, feasibility, and suitability, the study shall include the 
analysis and recommendations of the Secretary on — 

(1) any areas in or surrounding the Miami Circle that 
should be included in Biscayne National Park; 

(2) whether additional staff, facilities, or other resources 
would be necessary to administer the Miami Circle as a unit 
of Biscayne National Park; and 

(3) any effect on the local area from the inclusion of Miami 
Circle in Biscayne National Park. 

(c) Submission of Report.— Not later than 30 days after 
completion of the study, the Secretary shall submit a report on 
the findings and recommendations of the study to the Committee 
on Energy and Natural Resources of the Senate and the Committee 
on Resources of the United States House of Representatives. 



Oct. 3, 2003 
[S. HI] 



Deadlines. 



Native 
Americans. 



52 



117 STAT. 1162 PUBLIC LAW 10&-93— OCT. 3, 2003 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved October 3, 2003. 



LEGISLATIVE HISTORY— S. Ill: 

HOUSE REPORTS: No. 10&-268 (Coram, on Resources). 

SENATE REPORTS: No. 108-4 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 149 (2003): 

Mar. 4, considered and passed Senate. 

Sept. 23, considered ana passed House. 



o 



53 



PUBLIC LAW 108-94— OCT. 3, 2003 



117 STAT. 1163 



Public Law 108-94 
108th Congress 



An Act 



To direct the Secretary of the Interior to conduct a study of Coltsville in the 
State of Connecticut for potential inclusion in the National Park System. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Coltsville Study Act of 2003". 
SEC. 2. FINDINGS. 

Congress finds that — 

(1) Hartford, Connecticut, home to Colt Manufacturing 
Company (referred to in this Act as "Colt"), played a major 
role in the Industrial Revolution; 

(2) Samuel Colt, founder of Colt, and his wife, Elizabeth 
Colt, inspired Coltsville, a community in the State of Con- 
necticut that flourished during the Industrial Revolution and 
included Victorian mansions, an open green area, botanical 
gardens, and a deer park; 

(3) the residence of Samuel and Elizabeth Colt in Hartfotd, 
Connecticut, known as "Armsmear", is a national historic land- 
mark, and the distinctive Colt factory is a prominent featxire 
of the Hartford, Connecticut, skyline; 

(4) the Colt legacy is not only about firearms, but also 
about industrial innovation and the development of technology 
that wovdd change the way of life in the United States, 
including — 

(A) the development of telegraph technology; and 

(B) advancements in jet engine technology by Francis 
Pratt and Amos Whitney, who served as apprentices at 
Colt; 

(5) Coltsville— 

(A) set the standard for excellence during the Indus- 
trial Revolution; and 

(B) continues to prove significant — 

(i) as a place in which people of the United States 
can learn about that important period in history; and 

(ii) by reason of the close proximity of Coltsville 
to the Mark Twain House, Trimty College, Old North 
Cemetery, and many historic homesteads and 
architecturally renowned buildings; 

(6) in 1998, the National Park Service conducted a special 
resource reconnaissance study of the Coimecticut River Valley 
to evaluate the significance of precision manvifacturing sites; 
and 



Oct. 3, 2003 
[S. 233] 



Coltsville Study 
Act of 2003. 



Colt 

Manufacturing 

Company. 



54 



117 STAT. 1164 



PUBLIC LAW 108-94— OCT. 3, 2003 



Deadline. 



Deadline. 



(7) the report on the study stated that — 

(A) no other region of the United States contains an 
equal concentration of resources relating to the precision 
manufacturing theme that began with firearms production; 

(B) properties relating to precision manufacturing 
encompass more than merely factories; and 

(C) further study, which should be undertaken, may 
recommend inclusion of churches and other social institu- 
tions. 

SEC. 3, STUDY, 

(a) In General. — Not later than 3 years after the date on 
which funds are made available to carry out this Act, the Secretary 
of the Interior (referred to in this Act as the "Secretary") shall 
complete a study of the site in the State of Connecticut commonly 
known as "Coltsville" to evtduate — 

(1) the national significance of the site and surrounding 
area; 

(2) the suitability and feasibility of designating the site 
and svirrounding area as a unit of the National Park System; 
and 

(3) the importance of the site to the history of precision 
manufacturing. 

(b) Applicable Law. — ^The study required under subsection 
(a) shall be conducted in accordance with Public Law 91-383 (16 
U.S.C. la-1 et seq.). 

SEC. 4. REPORT. 

Not later than 30 days after the date on which the study 
under section 3(a) is completed, the Secretary shall submit to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report 
that describes — 

(1) the findings of the study; and 

(2) any conclusions and recommendations of the Secretary. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved October 3, 2003. 



LEGISLATIVE HISTORY— S. 233: 

HOUSE REPORTS: No. 108-252 (Comm. on Resources). 

SENATE REPORTS: No. 108-9 (Conun. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 149 (2003): 

Mar. 4, considered and passed Senate. 

Sept. 23, considered ana passed House. 



o 



55 



PUBLIC LAW 108-108— NOV. 10, 2003 



117 STAT. 1241 



Public Law 108-108 
108th Congress 



An Act 



Making appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2004, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of the Interior 
and related agencies for the fiscal year ending September 30, 2004, 
and for other purposes, namely: 

TITLE I— DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi- 
tion 01 easements and other interests in lands, and peiformance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 
3150(a)), $850,321,000, to remain available until expended, of which 
$1,000,000 is for high priority projects, to be carried out by the 
Youth Conservation Corps; $2,484,000 is for assessment of the 
mineral potential of public lands in Alaska pursuant to section 
1010 of Public Law 96-487; (16 U.S.C. 3150); and of which not 
to exceed $1,000,000 shall be derived from the special receipt 
account established by the Lemd and Water Conservation Act of 
1965, as amended (16 U.S.C. 4601-6a(i)); and of which $3,000,000 
shall be available in fiscal year 2004 subject to a match by at 
least an equal amount by the NationeJ Fish and WildUfe Fovmdation 
for cost-shared projects supporting conservation of Bvu-eau lands; 
and such funds shall be advanced to the Foundation as a lump 
sum m-ant without regard to when expenses are incurred; in addi- 
tion, $32,696,000 is for Mining Law Administration program oper- 
ations, including the cost of administering the mining claim fee 
program; to remain available until expended, to be reduced by 
amounts collected by the Bureau and credited to this appropriation 
fi"om annual mining claim fees so as to result in a final appropria- 
tion estimated at not more than $850,321,000; and $2,000,000, 
to remain available until expended, from communication site rental 



Nov. 10, 2003 
[H.R. 2691] 



Department of 
the Interior and 
Related Agencies 
Appropriations 
Act, 2004. 



56 



PUBLIC LAW 108-10&— NOV. 10, 2003 117 STAT. 1249 

157 passenger motor vehicles, of which 142 are for replacement 
only (including 33 for police-type use); repair of damage to public 
roads within and adjacent to reservation areas caused by operations 
of the Service; options for the purchase of lemd at not to exceed 
$1 for each option; facilities incident to such public recreational 
uses on conservation areas as are consistent with their primary 
purpose; and the maintenance and improvement of aquaria, 
buildings, and other facilities under the jurisdiction of the Service 
£uid to which the United States has title, and which are used 
pursuant to law in connection with management, and investigation 
of fish and wildlife resources: Provided, That notwithstanding 44 
U.S.C. 501, the Service may, vmder cooperative cost sharing and 
partnership arrangements authorized by law, procure printing serv- 
ices fi"om cooperators in connection with jointly produced publica- 
tions for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines 
the cooperator is capable of meeting accepted quality standards: 
Provided further, That the Service may accept donated aircraft 
as replacements for existing aircraft: Provided further. That not- 
withstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act 
for the purchase of lands or interests in lands to be used in the 
establishment of any new unit of the National Wildlife Refuge 
System unless the purchase is approved in advance by the House 
and Senate Committees on Appropriations in comphance with the 
reprogramming procedures contained in the statement of the man- 
agers accompanying this Act. 

National Park Service 

operation of the national park system 

For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra- 
tion of the National Park Service, $1,629,641,000, of which 
$10,887,000 is for planning and interagency coordination in support 
of Everglades restoration and shall remain available until expended; 
of which $96,480,000, to remain available until September 30, 2005, 
is for maintenance, repair or rehabilitation projects for constructed 
assets, operation of the National Park Service automated facility 
management software system, and comprehensive facility condition 
assessments; and of which $2,000,000 is for the Youth Conservation 
Corps for high priority projects: Provided, That the only funds 
in this account which may be made available to support United 
States Park Police are those fimds approved for emergency law 
and order incidents pursuant to established National Park Service 
procedures, those funds needed to maintain and repair United 
States Park PoUce administrative facilities, and those funds nec- 
essary to reimburse the United States Park Police account for 
the imbudgeted overtime and travel costs associated with special 
events for an amount not to exceed $10,000 per event subject 
to the review and concurrence of the Washington headquarters 
office: Provided further. That notwithstanding sections 5(b)(7)(c) 
and 7(a)(2) of PubUc Law 105-58, the National Park Service may 
in fiscal year 2004 provide funding for uniformed personnel for 



57 



117 STAT. 1250 PUBLIC LAW 108-108— NOV. 10, 2003 

visitor protection and interpretation of the outdoor symbolic site 
at the Oklahoma City Memorial without reimbursement or a 
requirement to match these funds with non-Federal funds. 

UNITED STATES PARK POLICE 

For expenses necessary to carry out the programs of the United 
States Park Police, $78,859,000. 

NATIONAL RECREATION AND PRESERVATION 

For expenses necessaiy to carry out recreation programs, nat- 
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis- 
tration, not otherwise provided for, $62,544,000, of which $1,600,000 
shall be available until expended for the Oklahoma City National 
Memorial Trust, notwithstanding the provisions contained in sec- 
tions 7(aXl) and (2) of Public Law 105-58. 

URBAN PARK AND RECREATION FUND 

For expenses necessary to carry out the provisions of the Urban 
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et 
seq.), $305,000, to remain available until expended. 

HISTORIC PRESERVATION FUND 

For expenses necessary in carrying out the Historic Preserva- 
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 
104-333), $74,500,000, to be derived from the Historic Preservation 
Fund, to remain available until September 30, 2005: Provided, 
That, of the amount provided herein, $500,000, to remain available 
until expended, is for a grant for the perpetual care and mainte- 
nance of National Trust Historic Sites, as authorized under 16 
U.S.C. 470a(e)(2), to be made available in full upon signing of 
a grant agreement: Provided further. That, notwithstanding any 
other provision of law, these funds shall be available for investment 
with the proceeds to be used for the same purpose as set out 
herein: Provided further, That of the total amount provided, 
$33,000,000 shall be for Save America's Treasures for priority 
preservation projects, of nationally significant sites, structures, and 
artifacts: Provided further, That any individual Save America's 
Treasures grant shall be matched by non-Federal funds: Provided 
further. That individual projects shall only be eligible for one grant, 
and all projects to be funded shall be approved by the House 
and Senate Conunittees on Appropriations and the Secretary of 
the Interior in consultation with the President's Committee on 
the Arts and Humanities prior to the commitment of grant funds: 
Provided further. That Save America's Treasures funds allocated 
for Federal projects, following approval, shall be available by 
transfer to appropriate accounts of individual agencies. 

CONSTRUCTION 

For construction, improvements, repair or replacement of phys- 
ical facilities, including the modifications authorized by section 



58 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1251 

104 of the Everglades National Park Protection and Expansion 
Act of 1989, $333,995,000, to remain available until expended, 
of which $300,000 for the L.Q.C. Lamar House National Historic 
Landmark and $375,000 for the Sun Watch National Historic Land- 
mark shall be derived from the Historic Preservation Fund pursuant 
to 16 U.S.C. 470a: Provided, That none of the funds in this or 
any other Act may be used to pay the salaries and expenses of 
more than 160 Full Time Equivalent persormel working for the 
National Park Service's Denver Service Center funded under the 
construction program management and operations activity: Pro- 
vided further, That none of the funds provided in this or any 
other Act may be used to pre-design, plan, or construct any new 
facility (including visitor centers, curatorial facilities, administrative 
buildings), for which appropriations have not been specifically pro- 
vided if the net construction cost of such facility is in excess of 
$5,000,000, without prior approval of the House and Senate 
Committees on Appropriations: Provided further. That the restric- 
tion in the previous proviso applies to all funds available to the 
National Park Service, including partnership and fee demonstration 
projects: Provided further. That none of the funds provided in this 
or any other Act may be used for planning, design, or construction 
of any imderground security screening or visitor contact facility 
at the Washington Moniunent until such facility has been approved 
in writing by the House and Senate Committees on Appropriations: 
Provided further, That funds appropriated in this Act and in any Deadlines, 
prior Acts for the purpose of implementing the Modified Water 
Deliveries to Everglades National Park Project shall be available 
for expenditure unless the joint report of the Secretary of the 
Interior, the Secretary of the Army, the Administrator of the 
Environmental Protection Agency, and the Attorney General which 
shall be filed within 90 days of enactment of this Act and by 
September 30 each year thereafler until December 31, 2006, to 
the House and Senate Committees on Appropriations, the House 
Committee on Transportation and Infrastructure, the House Com- 
mittee on Resoiu"ces and the Senate Committee on Environment 
and Public Works, indicates that the water entering A.R.M. 
Loxahatchee National WildHfe Refuge and Everglades National 
Park does not meet appUcable State water quality standards and 
numeric criteria adopted for phosphorus throughout A.R.M. 
Loxahatchee National Wildlife Refuge and Everglades National 
Park, as well as water quaUty requirements set forth in the Consent 
Decree entered in United States v. South Florida Water Manage- 
ment District, and that the House £md Senate Committees on 
Appropriations respond in writing disapproving the further expendi- 
ture of funds: Provided further. That not to exceed $800,000 of 
the funds provided for Dayton Aviation Heritage National Historical 
Park may be provided as grants to cooperating entities for projects 
to enhance public access to the park. 

LAND AND WATER CONSERVATION FUND 
(RESCISSION) 

The contract authority provided for fiscal year 2004 by 16 
U.S.C. 4601-lOa is rescinded. 16 USC 460Z-10a 

note. 



59 



117 STAT. 1252 PUBLIC LAW 108-108— NOV. 10, 2003 

LAND ACQUISITION AND STATE ASSISTANCE 

(INCLUDING TRANSFERS OF FUNDS) 

For expenses necessary to carry out the Land and Water Con- 
servation Act of 1965, as amended (16 U.S.C. 4601-4 through 11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority applicable to the National Park Service, $142,350,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended, of which $95,000,000 is for 
the State assistance program including $2,500,000 to administer 
this program: Provided, That none of the funds provided for the 
State assistance program may be used to establish a contingency 
fund: Provided further, That notwithstanding any other provision 
of law, the Secretary of the Interior, using prior year unobligated 
funds made available under any Act enacted before the date of 
enactment of this Act for land acquisition assistance to the State 
of Florida for the acquisition of lands or water, or interests therein, 
within the Everglades watershed, shall transfer $5,000,000 to the 
United States Fish and Wildlife Service "Resource Management" 
account for the purpose of funding water quahty monitoring and 
eradication of invasive exotic plants at AR.M. Loxahatchee National 
Wildlife Refuge, as well £is recovery actions for any listed species 
in the South Florida ecosystem, and may transfer such sums as 
may be determined necessary by the Secretary of the Interior to 
the United States Army Corps of Engineers "Construction, General" 
account for the purpose of modifjdng the construction of Storm 
Water Treatment Area 1 East to include additional water quality 
improvement measures, such as additional compartmentalization, 
improved flow control, vegetation management, and other additional 
technologies based upon the recommendations of the Secretary of 
the Interior and the South Florida Water Management District, 
to maximize the treatment effectiveness of Storm Water Treatment 
Area 1 East so that water delivered by Storm Water Treatment 
Area 1 East to A.R.M. Loxahatchee National Wildlife Refuge 
achieves State water quality standards, including the numeric cri- 
terion for phosphorus, and that the cost sharing provisions of section 
528 of the Water Resources Development Act of 1996 (110 Stat. 
3769) shall apply to any funds provided by the Secretary of the 
Interior to the United States Army Corps of Engineers for this 
purpose: Provided further, That, subsequent to the transfer of the 
$5,000,000 to the United States Fish and Wildlife Service and 
the transfer of funds, if any, to the United States Army Corps 
of Engineers to carry out water quality improvement measvires 
for Storm Water Treatment Area 1 East, if any funds remain 
to be expended after the requirements of these provisions have 
been met, then the Secretary of the Interior may transfer, as 
appropriate, and use the remaining funds for Everglades restoration 
activities benefiting the lands and resources managed by the 
Department of the Interior in South Florida, subject to tiie approval 
by the House and Senate Committees on Appropriations of a re- 
programming request by the Secretary detailing how the remaining 
funds will be expended for this purpose. 



60 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1253 

ADMINISTRATIVE PROVISIONS 

Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 249 passenger motor vehicles, 
of which 202 shall be for replacement only, including not to exceed 
193 for pohce-type use, 10 buses, and 8 ambulances: Provided, 
That none of the funds appropriated to the National Park Service 
may be used to process any grant or contract docviments which 
do not include the text of 18 U.S.C. 1913: Provided further, That 
none of the funds appropriated to the National Park Service may 
be used to implement an agreement for the redevelopment of the 
southern end of Ellis Island until such agreement has been sub- 
mitted to the Congress and shall not be implemented prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment 
of more than 3 calendar days to a day certain) from the receipt 
by the Speaker of the House of Representatives and the President 
of the Senate of a full and comprehensive report on the development 
of the southern end of Ellis Island, including the facts and cir- 
cimistances relied upon in support of the proposed project: Provided 
further. That the National Park Service may make a grant of 
not to exceed $70,000 for the construction of a memorial in Cadillac, 
Michigan in honor of Kris Eggle. 

None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 

The National Park Service may distribute to operating imits 
based on the safety record of each unit the costs of programs 
designed to improve workplace and employee safety, and to encour- 
age employees receiving workers' compensation benefits pursuant 
to chapter 81 of title 5, United States Code, to return to appropriate 
positions for which they are medically able. 

Notwithstanding any other provision of law, in fiscal year 2004, 
with respect to the administration of the National Park Service 
park pass program by the National Park Foundation, the Secretary 
may obligate to the Foundation administrative fimds expected to 
be received in that fiscal year before the revenues are collected, 
so long as total obligations in the administrative accovmt do not 
exceed total revenue collected and deposited in that account by 
the end of the fiscal year. 

United States Geological Survey 

SURVEYS, investigations, AND RESEARCH 

For expenses necessary for the United States (Geological Survey 
to perform surveys, investigations, and research covering topog- 
raphy, geology, hydrology, biology, luid the mineral and water 
resources of the United States, its territories and possessions, and 
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resources; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Comimission licensees; administer the minerals exploration program 
(30 U.S.C. 641); and publish and disseminate data relative to the 
foregoing activities; and to conduct inquiries into the economic 
conditions affecting mining and materials processing industries (30 
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(l)) and related purposes 
as authorized by law and to publish and disseminate data; 



61 



117 STAT. 1264 PUBLIC LAW 108-108— NOV. 10, 2003 

INDIAN LAND CONSOLIDATION 

For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing 
escheated interests in allotted lands, and for necessary expenses 
to carry out the Indian Land Consolidation Act of 1983, as amended, 
by direct expenditure or cooperative agreement, $21,980,000, to 
remain available until expended: Provided, That ftmds provided 
under this heading may be expended pursuant to the authorities 
contained in the provisos under the heading "Office of Special 
Trustee for American Indians, Indian Land Consolidation" of the 
Interior and Related Agencies Appropriations Act, 2001 (Public 
Law 106-291). 

Natural Resource Damage Assessment and Restoration 

NATURAL resource DAMAGE ASSESSMENT FUND 

To conduct natiu'al resource damage assessment and restora- 
tion activities by the Department of the Interior necessary to carry 
out the provisions of the Comprehensive Environmental Kesponse, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 
seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 
1251 et seq.), the Oil Pollution Act of 1990 (PubHc Law 101- 
380) (33 U.S.C. 2701 et seq.), and PubUc Law 101-337, as amended 
(16 U.S.C. 19ij et seq.), $5,633,000, to remain available until 
expended. 

administrative provisions 

There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That existing aircraft being replaced may be sola, with proceeds 
derived or trade-in value usea to offset the purchase price for 
the replacement aircraft: Provided further. That no programs funded 
with appropriated funds in the "Departmental Management", 
"Office of tne Solicitor", and "Office of Inspector General" may 
be augmented through the Working Capital Fund: Provided further. 
That the aimual budget justification for Departmental Management 
shall describe estimated Working Capital Fund charges to bureaus 
and offices, including the methodology on which charges are based: 
Provided further, That departures from the Working Capital Fund 
estimates contained in the Departmental Management budget jus- 
tification shall be presented to the Committees on Appropriations 
for approval: Provided further. That the Secretary shall provide 
a semi-annual report to the Committees on Appropriations on 
reimbursable support agreements between the Office of the Sec- 
retary and the National Business Center and the bvu"eaus and 
offices of the Department, including the amounts billed pursuant 
to such agreements. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 

Sec. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 



62 



PUBUC LAW 108-108— NOV. 10, 2003 117 STAT. 1265 

replacement, or repair of aircraft, buildings, utilities, or other facili- 
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, Thai no funds shall be made 
available under this authority until funds specifically made avail- 
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further. That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 502 of H. Con. Res. 95, the 
concurrent resolution on the budget for fiscal year 2004, and must 
be replenished by a supplemental appropriation which must be 
requested as promptly as possible. 

Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fixes on or threatening lands imder the jurisdiction of the Depart- 
ment of the Interior; for the emergency rehabiMtation of bvuned- 
over lands under its jurisdiction; for emergency actions related 
to potential or actual eeirthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess- 
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of PubUc 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects 
imder section 410 of Public Law 95-87; and shall transfer, fi*om 
any no year fiinds available to the Office of Surface Mining Reclama- 
tion and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for vidldland 
fire operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reimbursement 
to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 
currently available at the time of receipt thereof: Provided further, 
That for wildland fire operations, no funds shall be made available 
under this authority until the Secretary determines that funds 
appropriated for "wildland fire operations" shall be exhausted 
within 30 days: Provided further. That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 502 of H. Con. Res. 95, the 
concmrent resolution on the budget for fiscal year 2004, and must 
be replenished by a supplemental appropriation which must be 
requested as promptly as possible; Provided further. That such 
replenishment funds shall be used to reimburse, on a pro rata 
basis, accounts fi:^m which emergency funds were transferred. 

Sec. 103. Appropriations made in this title shall be available 
for operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities wiU contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized 
by sections 1535 and 1536 of title 31, United States Code: Provided, 
That reimbursements for costs and supplies, materials, equipment. 



63 



117 STAT. 1266 PUBLIC LAW 108-108— NOV. 10, 2003 

and for services rendered may be credited to the appropriation 
current at the time such reimbursements are received. 

Sec. 104. Apnropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; hire, maintenance, and operation of aircraft; 
hire of passenger motor vehicles; purchase of reprints; pajrment 
for telephone service in private residences in the field, when author- 
ized vmder regulations approved by the Secretary; and the payment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue pubHcations to members 
only or at a price to members lower than to subscribers who 
are not members. 

Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms 
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902 
and D.C. Code 4-204). 

Sec. 106. Annual appropriations made In this title shall be 
available for obUgation in connection with contracts issued for serv- 
ices or rentals for periods not in excess of 12 months beginning 
at any time during the fiscal year. 

Sec. 107. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under restriction 
m the President's moratorium statement of June 12, 1998, in the 
areas of northern, central, and southern California; the North 
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico 
south of 26 degrees north latitude and east of 86 degrees west 
longitude. 

Sec. 108. No fimds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and natural 
gas preleasing, leasing and related activities in the eastern Gulf 
of Mexico planning area for any lands located outside Sale 181, 
as identified in the final Outer Continental Shelf 5-Year Oil and 
Gas Leasing Program, 1997-2002. 

Sec. 109. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atltmtic planning areas. 

Sec. 110. Notwithstanding any other provisions of law, the 
National Park Service shall not develop or implement a reduced 
entrance fee program to accommodate non-local travel through a 
unit. The Secretary may provide for and regulate local non-rec- 
reational passage through units of the National Park System, 
allowing each unit to develop guidelines and permits for such 
activity appropriate to that xmit. 

Sec. 111. Advance payments made under this title to Indian 
tribes, tribal organizations, and tribal consortia pursuant to the 
Indiem Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal 
organization, or consortium before such funds are expended for 
the purposes of the grant, compact, or annual funding agreement 
so long as such funds are — 

(1) invested by the Indian tribe, tribal organization, or 

consortium only in obligations of the United States, or in obliga- 
tions or securities that are guaranteed or insured by the United 



64 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1267 

States, or mutual (or other) funds registered with the Securities 

and Exchange Commission and which only invest in obligations 

of the United States or securities that are guaranteed or insured 

by the United States; or 

(2) deposited only into accounts that are insured by an 

agency or instrumentality of the United States, or are fully 

collateralized to ensure protection of the funds, even in the 

event of a bank failure. 

Sec. 112. Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any vmobligated balances from prior appropriations 
Acts made vmder the same headings shall be available for expendi- 
ture or transfer for Indian trust management and reform activities, 
except that total fimding for historical accounting activities shall 
not exceed emiounts specifically designated in this Act for such 
purpose. 

Sec. 113. Notwithstanding any other provision of law, for the 
purpose of reducing the backlog of Indian probate cases in the 
Department of the Interior, the hearing requirements of chapter 
10 of title 25, United States Code, are deemed satisfied by a pro- 
ceeding conducted by an Indian probate judge, appointed by the 
Secretary without regard to the provisions of title 5, United States 
Code, governing the appointments in the competitive service, for 
such period of time as the Secretary determines necessary: Provided, 
That the basic pay of an Indian probate judge so appointed may 
be fixed by the SecretEuy without regard to the provisions of chapter 
51, and subchapter III of chapter 53 of title 5, United States 
Code, governing the classification and pay of General Schedule 
employees, except that no such Indism probate judge may be paid 
at a level which exceeds the maximum rate payable for the hignest 
grade of the General Schedule, including locality pay. 

Sec. 114. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 
unmet needs, dual enrollment, overlapping service areas or inac- 
curate distribution methodologies. No tnbe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2004. Under circumstances of dual enrollment, overlap- 
ping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply. 

Sec. 115. Funds appropriated for the Bureau of Indian Affairs 
for postsecondary schools for fiscal vear 2004 shall be allocated 
among the schools proportionate to the unmet need of the schools 
as determined by the Postsecondary Funding Formula adopted by 
the Office of Indian Education Programs. 

Sec. 116. (a) The Secretary of the Interior shall take such 
action as may be necessary to ensure that the lands comprising 
the Huron Cemetery in Kansas City, Kansas (as described in section 
123 of Public Law 106-291) are used only in accordance with 
this section. 

(b) The lands of the Huron Cemetery shall be used only: (1) 
for religious and cultural uses that are compatible with the use 
of the lands as a cemetery; and (2) as a burial ground. 

Sec. 117. Notwithstanding any other provision of law, in con- 
veying the Twin Cities Research Center under the authority pro- 
vided by Public Law 104-134, as amended by PubUc Law 104- 



65 



117 STAT. 1268 PUBLIC LAW 108-108— NOV. 10, 2003 

208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by Public Law 100-696; 16 U.S.C. 460z2. 
16 use 460bb Sec. 118. Notwithstanding other provisions of law, the National 

noto- Park Service hereafter may authorize, through cooperative agree- 

ment, the Golden Gate National Parks Association to provide fee- 
based education, interpretive £md visitor service functions within 
the Crissy Field and Fort Point areas of the Presidio. 

Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received 
by the Bureau of Land Memagement for the sale of seeds or seed- 
lings including those collected in fiscal year 2003, may be credited 
to the appropriation fi:'om which funds were expended to acquire 
or grow uie seeds or seedlings and are available without fiscal 
year limitation. 

Sec. 120. Subject to the terms and conditions of section 126 
of the Department of the Interior and Related Agencies Act, 2002, 
the Administrator of General Services shall sell all right, title, 
and interest of the United States in and to the improvements 
and equipment of the White River Oil Shale Mine. 

Sec. 121. The Secretary of the Interior may use or contract 
for the use of heUcopters or motor vehicles on the Sheldon and 
Hart National Wildlife Refuges for the purpose of capturing and 
trcoisporting horses and burros. The provisions of subsection (a) 
of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be 
appUcable to such use. Such use shall be in accordance with humane 
procedures prescribed by the Secretary. 

Sec. 122. Of the funds made available under the heading 
'bureau of Land Management, Land Acquisition" in title I of the 
Department of the Interior and Related Agencies Appropriation 
Act, 2002 (115 Stat. 420), the Secretary of the Interior shall grant 
$500,000 to the City of St. G«orge, Utah, for the purchase of 
the land as provided in the Virgin River Dinosaur Footprint Pre- 
serve Act (116 Stat. 2896), with any surplus fimds available after 
the purchase to be available for the purpose of the preservation 
of the land and the paleontological resources on the land. 

Sec. 123. Funds provided in this Act for Federal land acquisi- 
tion by the National Peu-k Service for Shenandoah Valley Battle- 
fields NationfJ Historic District, New Jersey Pinelands Preserve, 
and Ice Age National Scenic iSrail may be used for a grant to 
a State, a local government, or any other governmental lemd 
management entity for the acquisition of lands without regard 
to any restriction on the use of Federal land acquisition funds 
provided through the Land and Water Conservation Fund Act of 
1965 as amended. 

Sec. 124. None of the funds made available by this Act may 
be obUgated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground lunchroom at the Carlsbad Caverns 
National Park. 

Sec. 125. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and EUis Islemd; or (2) to prevent pedestrian use of such 
bridge, when such pedestrian use is consistent with generally 
accepted safety standards. 



66 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1269 

Sec. 126. None of the funds made available in this or any 16USC459H 
other Act for any fiscal year may be used to designate, or to "^o^e. 
post any sign designating, any portion of Canaveral National Sea- 
shore in Brevard County, Florida, as a clothing-optional area or 
as an area in which public nudity is permitted, if such designation 
would be contrary to county ordinance. 

Sec. 127. None of the funds in this or any other Act can 
be used to compensate the Special Master and the Special Master- 
Monitor, and all variations thereto, appointed by the United States 
District Court for the District of Colimibia in tne Cobell v. Norton 
litigation at an annual rate that exceeds 200 percent of the highest 
Senior Executive Service rate of pay for the Washington-Baltunore 
locality pay area. 

Sec. 128. The Secretary of the Interior may use discretionary 
funds to pay private attorneys fees and costs for employees and 
former employees of the Department of the Interior reasonably 
inoirred in connection with Cobell v. Norton to the extent that 
such fees and costs are not paid by the Department of Justice 
or by private insurance. In no case shall the Secretary make pay- 
ments under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the District 
Court for tiie District of Columbia for counsel in Cobell v. Norton, 

Sec. 129. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan- 
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
Federally operated or Federally financed hatcheries including but 
not limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 

Sec. 130. Such siuns as may be necessary from "Departmental 
Management, Salaries and Expenses", may be transferred to 
"United States Fish and Wildlife Service, Resource Management" 
for operational needs at the Midway Atoll National Wildlife Refuge 
airport. 

Sec. 131. (a) In General.— Nothing in section 134 of the 
Department of the Interior and Related Agencies Appropriations 
Act, 2002 (115 Stat. 443) affects the decision of the United States 
Court of Appeals for the 10th Circuit in Sac and Fox Nation v. 
Norton, 240 F.3d 1250 (2001). 

(b) Use of Certain Indian Land.— Nothing in this section 
permits the conduct of gaming under the Indian Gaming Rogatory 
Act (25 U.S.C. 2701 et seq.) on land described in section 123 
of the Department of the Interior and Related Agencies Appropria- 
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that 
land, regardless of whether the land or contiguous land has been 
taken into trust by the Secretary of the Interior. 

Sec. 132. No funds appropriated for the Department of the 
Interior by this Act or any other Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam. 

SEC 133. Notwithstanding the limitation in subparagraph 
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 
U.S.C. 2717(a)), the total amount of all fees imposed by the National 
Indian Gaming Commission for fiscal year 2005 shall not exceed 
$12,000,000. 



67 



117 STAT. 1270 



PUBLIC LAW 108-108— NOV. 10, 2003 



Congaree 
National Park, 
designation. 
16 tJSC 410jjj 
note. 

25 use 2501 
note. 



Deadline. 



Sec. 134. The State of Utah's contribution requirement pursu- 
ant to Pubhc Law 105-363 shall be deemed to have been satisfied 
and within thirty days of enactment of this Act, the Secretary 
of the Interior shall transfer to the State of Utah all right, title, 
and interest of the United States in and to the Wilcox Ranch 
lands acquired under section 2(b) of Public Law 105-363, for 
management by the Utah Division of Wildlife Resources for wildlife 
habitat and public access to the Ranch as well as to adjacent 
lands managed by the Bureau of Land Management. 

Sec. 135. Upon enactment of this Act, the Congaree Swamp 
National Monument shall be designated the Congaree National 
Park. 

Sec. 136. (a) Section 122 of division F of Public Law 108- 
7 is amended as follows: 

(1) Paragraph 122(aX4) is amended to read — 

"(4) Tribally controlled school.— The term 'tribally 
controlled school' means a school that currently receives a 
grant under the Tribally Controlled Schools Act of 1988, as 
amended (25 U.S.C. 2501 et seq.) or is determined by the 
Secretary to meet the eligibility criteria of section 5205 of 
the Tribally Controlled Schools Act of 1988, as amended (25 
U.S.C. 2504).". 

(2) Paragraph 122(bXl) is amended by striking the second 
sentence and inserting: "The Secretary shall ensure that 
applications for funding to replace schools currently receiving 
funding for facility operation and maintenance from the Bureau 
of Indian Affairs receive the highest priority for grants under 
this section. Among such applications, the Secretary shall give 
priority to applications of Indian tribes that agree to fund 
all future facility operation and maintenance costs of the trib- 
ally controlled school funded under the demonstration program 
from other than Federal funds.". 

(3) Subsection (c) is amended by inserting after "EFFECT 
OF (JRANT. — " the following: "(1) Except as provided in para- 
graph (2) of this subsection," and is further amended by adding 
the following new para^aph: 

"(2) A tribe receiving a grant for construction of a tribally 
controlled school vmder this section shall not be eligible to 
receive funding from the Bureau of Indian Affairs for that 
school for education operations or facility operation and mainte- 
nance if the school that was not at the time of the gremt: 
(i) a school receiving funding for education operations or facihty 
operation and maintenance under the Tribally Controlled 
Schools Act or the Indian Self-Determination and Education 
Assistemce Act or (ii) a school operated by the Bureau of Indian 
Affairs.". 

(b) Notwithstanding the provisions of paragraph (b)(1) of section 
122 of division F of Public Law 108-7, as amended by this Act, 
the Saginaw-Chippewa tribal school and the Redwater Elementary 
School shall receive priority for funding available in fiscal year 
2004. The Saginaw-Chippewa tribal school shall receive $3,000,000 
from prior year funds, and the Redwater Elementary School shall 
receive $6,000,000 available in fiscal year 2004. 

Sec. 137. The Secretary shall have no more than 180 days 
from October 1, 2003, to prepare and submit to the Congress, 
in a manner otherwise consistent with the Indian Tribal Judgment 
Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), plans 



68 



PUBLIC LAW 108-108— NOV. 10, 2003 



117 STAT. 1271 



Eastern Band of 
Cherokee Indians 
Land Exchange 
Act of 2003. 
16 use 460a-5 
note. 



for the use and distribution of the Mescalero Apache Tribe's Judg- 
ment Funds from Docket 92-403L, the Pueblo of Isleta's Judgment 
Funds from Docket 98-166L, and the Assiniboine and Sioux Tribes 
of the Fort Peck Reservation's Judgment Funds in Docket No. 
773-87-L of the United States Court of Federal Claims; each plan Effective dates, 
shall become effective upon the expiration of a 60-day period begin- 
ning on the day each plan is submitted to the Congress. 

Sec. 138. (a) Short Title.— This section may be cited as the 
"Eastern Band of Cherokee Indians Land Exchange Act of 2003". 

(b) Findings and Purposes.— 

(1) Findings. — Congress finds the following: 

(A) Since time immemorial, the ancestors of the 
Eastern Band of Cherokee Indians have lived in the Great 
Smoky Mountains of North Carolina. The Eastern Band's 
ancestral homeland includes substantial parts of seven 
eastern States and the land that now constitutes the Great 
Smoky Mountains National Park. 

(B) The Eastern Band has proposed a land exchange 
with the National Park Service and has spent over 
$1,500,000 for studies to thoroughly inventory the environ- 
mental and cultural resources of the proposed land 
exchange parcels. 

(C) Such land exchange would benefit the American 
public by enabling the National Park Service to acquire 
the Yellow Face tract, comprising 218 acres of land adjacent 
to the Blue Ridge Parkway. 

(D) Acquisition of the Yellow Face tract for protection 
by the National Park Service would serve the public 
interest by preserving important views for Blue Ridge Park- 
way visitors, preserving habitat for endangered species and 
threatened species including the northern flying squirrel 
and the rock gnome lichen, preserving valuable high alti- 
tude wetland seeps, and preserving the property from rap- 
idly advancing residential development. 

(E) The proposed land exchange would also benefit 
the Eastern Band by allowing it to acquire the Ravensford 
tract, comprising 143 acres adjacent to the Tribe's trust 
territory in Cherokee, North CaroUna, and currently within 
the Great Smoky Mountains National Park and Blue Ridge 
Parkway. The Ravensford tract is part of the Tribe's ances- 
tral homeland as evidenced by archaeologic£il finds dating 
back no less than 6,000 years. 

(F) The Eastern Band has a critical need to replace 
the current Cherokee Elementary School, which was built 
by the Department of the Interior over 40 years ago with 
a capacity of 480 students. The school now hosts 794 stu- 
dents in dilapidated buildings and mobile classrooms at 
a dangerous highway intersection in downtown Cherokee, 
North Carolina. 

(G) The Eastern Band ultimately intends to build a 
new three-school campus to serve as an environmental, 
cultural, and educational 'Village," where Cherokee lan- 
guage and culture can be taught alongside the standard 
curriculum. 



69 



117 STAT. 1272 PUBLIC LAW 108-108— NOV. 10, 2003 

(H) The land exchange and construction of this edu- 
cational village will benefit the American public by pre- 
serving Cherokee traditions and fostering a vibrant, 
modem, and well-educated Indian nation. 

(I) The land exchange will also reunify tribal reserva- 
tion lands now separated between the Big Cove Community 
and the balance of the Qualla Boundary, reestabUshing 
the territorial integrity of the Eastern Band. 

(J) The Ravensford tract contains no threatened species 
or endangered species listed pursuant to the Endangered 
Species Act of 1973. The 218-acre Yellow Face tract has 
a number of listed threatened species and endangered spe- 
cies and a higher appraised value than the 143-acre 
Ravensford tract. 

(K) The American public will benefit firom the Eastern 
Band's commitment to mitigate any impacts on natural 
and cultiu-al resources on the Ravensford tract, by among 
other things reducing the requested acreage from 168 to 
143 acres, 

(L) The Congress and the Department of the Interior 
have approved land exchanges in the past when the bene- 
fits to the public and requesting party are clear, as they 
are in this case. 

(2) Purposes. — ^The purposes of this section are the fol- 
lowing: 

(A) To acquire the Yellow Face tract for protection 
by the National Park Service, in order to preserve the 
Waterrock Knob area's spectaciilar views, endangered spe- 
cies and high altitude wetland seeps from encroachment 
by housing development, for the benefit and enjoyment 
of the American pubhc. 

(B) To transfer the Ravensford tract, to be held in 
trust by the United States for the benefit of the Eastern 
Band of Cherokee Indians, in order to provide for an edu- 
cation fadlity that promotes the cultural integrity of the 
Eastern Band and to reunify two Cherokee communities 
that were historically contiguous, while mitigating any 
impacts on natural and cultural resources on the tract. 

(C) To promote cooperative activities and partnerships 
between the Eastern band and the National Park Service 
within the Eastern Band's ancestral homelands. 

(c) Land Exchange.— 

(1) In general.— The Secretary of the Interior ("Secretary") 
shall exchange the Ravensford tract, currently in the Great 
Smoky Mountains National Park and the Blue Ridge Parkway, 
for the Yellow Face tract adjacent to the Waterrock Knob 
Visitor Center on the Blue Ridge Parkway. 

(2) Treatment of exchanged lands.— Effective upon 
receipt by the Secretary of a deed or deeds satisfactory to 
the Secretary for the lands comprising the Yellow Face tract 
(as described in subsection (3)) to the United States, all right, 
title, and interest of the United States in and to the Ravensford 
tract (as described in subsection (4)), including all improve- 
ments and appurtenances, are declared to be held in trust 
by the United States for the benefit of the Eastern Band of 
Cherokee Indians as part of the Cherokee Indian Reseiration. 



70 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1273 

(3) Yellow face tract.— The Yellow Face tract shall con- 
tain Parcels 88 and 89 of the Hombuckle Tract, Yellow Face 
Section, Qualla Township, Jackson County, North Carolina, 
which consist altogether of approximately 218 acres and are 
depicted as the "Yellow Face Tract" on the map entitled "Land 
Exchange Between the National Park Service and the Eastern 
Band of Cherokee Indians," numbered 133/80020A, and dated 
November 2002. The map shall be on file and available for 
public inspection in the appropriate offices of the National 
Park Service and the Bureau of Indian Affairs. Upon completion 
of the land exchange, the Secretary shall adjust the boundary 
of the Blue Ridge Parkway to include such lands and shafi 
manage the lands as part of the parkway. 

(4) Ravensford tract. — ^The lands declared by subsection 
(2) to be held in trust for the Eastern Band of Cherokee Indians 
shall consist of approximately 143 acres depicted as the 
"Ravensford Tract" on the map identified in subsection (3). 
Upon completion of the land exchsmge, the Secretary shall 
adjust the boundaries of Great Smoky Moimtains National 
Park and the Blue Ridge Parkway to exclude such lands. 

(5) Legal descriptions.— Not later than 1 year after the Deadline, 
date of enactment of this section, the Secretary of the Interior 

shall file a legal description of the areas described in sub- 
sections (3) and (4) with the Committee on Resources of the 
House of Representatives and the Committee on Indian Affairs 
and the Committee on Energy and Natural Resources of the 
Senate. Such le^al descriptions shall have the same force and 
effect as if the information contained in the description were 
included in those subsections except that the Secretary may 
correct clerical and typographical errors in such legal descrip- 
tions. The legal descriptions shall be on fQe and available 
for public inspection in the offices of the National Park Service 
euid the Bureau of Indian Affairs. 
(d) Implementation Process.— 

(1) Government-to-government agreements.— In order 
to fiilfin the purposes of this section and to establish cooperative 
partnerships for purposes of this section the Director of the 
National Park Service and the Eastern Band of Cherokee 
Indians shall enter into govemment-to-govemment consulta- 
tions and shall develop protocols to review planned construction 
on the Ravensford tract. The Director of the National Park 
Service is authorized to enter into cooperative agreements vidth 
the Eastern Band for the purpose of providing training, 
management, protection, preservation, and interpretation of the 
natural and cultural resources on the Ravensford tract. 

(2) Construction standards.— Recogni2dng the mutual 
interests and responsibilities of the Eastern Band of Cherokee 
Indians and the National Park Service for the conservation 
and protection of the resources on the Ravensford tract, the 
National Park Service and the Eastern Band shall develop 
mutually agreed upon standards for size, impact, and design 
of construction consistent with the purposes of this section 
on the Ravensford tract. The standards shall be consistent 
with the Eastern Band's need to develop educational facilities 
and support infrastructure adequate for current and future 
generations and shall otherwise minimize or mitigate any 
adverse impacts on natttral or cultural resources. The standards 



71 



117 STAT. 1274 PUBLIC LAW 108-108— NOV. 10, 2003 

shall be based on recognized best practices for environmental 
sustainability and shall be reviewed periodically and revised 
as necessary. Development of the tract shall oe limited to 
a road and utility corridor, an educational campus, and the 
infrastructure necessary to support such development. No new 
structures shall be constructed on the part of the Ravensford 
tract depicted as the "No New Construction" area on the map 
referred to in subsection (c)(3), which is generally the area 
north of the point where Big Cove Road crosses the Raven 
Fork River. All development on the Ravensford tract shall 
be conducted in a memner consistent with this section and 
such development standards. 

(e) Gaming PRomBmoN. — Gaming as defined and regulated 
by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
shall be prohibited on the Ravensford tract. 

Sec. 139. Notwithstanding any implementation of the Depart- 
ment of the Interior's trust reorganization plan within fiscal years 
2003 or 2004, funds appropriated for fiscal year 2004 shall be 
available to the tribes within the California Tribal Trust Reform 
Consortium and to the Salt River Pima Maricopa Indian Commu- 
nity, the Confederated Salish-Kootenai Tribes oi the Flathead Res- 
ervation and the Chippewa Cree Tribe of the Rocky Boys Reserva- 
tion on the same basis as funds were distributed in fiscal year 
2003. This Demonstration Project shall operate separate and apart 
fi-om the Department of the Interior's trust reform reorganization, 
and the Department shall not impose its trust management infra- 
structure upon or £ilter the existing trust resource management 
systems of the above referenced tribes having a self-governance 
compact and operating in accordance with the Tribal Self-Govern- 
ance Program set forth in 25 U.S.C. Sections 458aa-458hh: Pro- 
vided, That the California Trust Reform Consortivun and any other 
participating tribe agree to carry out their responsibilites under 
the same fiduciary standards as those to which the Secretary of 
the Interior is held: Provided further, That they demonstrate to 
the satisfaction of the Secretary that they have the capability to 
do so. 
Blue Ridge. Sec. 140. (a) SHORT TiTLE.— This section may be cited as the 

National "Blue Ridge National Heritage Area Act of 2003". 

aToSoI"^^ ^^^ Findings and Purpose.— 

16 use 461 note. (D FINDINGS. — Congress finds that: 

(A) The Blue Ridge Moimtains and the extensive cul- 
tural and natured resources of the Blue Ridge Mountains 
have played a significant role in the history of the United 
States and the State of North Carolina. 

(B) Archaeological evidence indicates that the Blue 
Ridge Moimtains have been inhabited by humans since 
the last retreat of the glaciers, with the Native Americans 
living in the area at the time of European discovery being 
primarily of Cherokee descent. 

(C) The Blue Ridge Mountains of western North Caro- 
lina, including the Great Smoky Mountains, played a 
unique and significant role in the establishment and 
development of the culture of the United States through 
several distinct legacies, including — 

(i) the craft heritage that — 

(I) was first influenced by the Cherokee 
Indians; 



72 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1275 

(II) was the origin of the traditional craft 
movement starting in 1900 and the contemporary 
craft movement starting in the 1940'8; and 

(III) is carried out by over 4,000 craftspeople 
in the Blue Ridge Mountains of western North 
Carolina, the third largest concentration of such 
people in the United States; 

(ii) a musical heritage comprised of distinctive 
instrumental and vocal traditions that — 

(I) includes stringband music, bluegrass, 
ballad singing, blues, and sacred music; 

(II) has received national recognition; and 

(III) has made the region one of the richest 
repositories of traditional music and folklife in the 
United States; 

(iii) the Cherokee heritage — 

(I) dating back thousands of years; and 

(II) ofifenng — 

(aa) nationally significant cultural tradi- 
tions practiced by the Eastern Band of Cher- 
okee Indians; 

(bb) authentic tradition bearers; 
(cc) historic sites; £ind 
(dd) historically important collections of 
Cherokee artifacts; and 
(iv) the agricultxiral heritage established by the 
Cherokee Indians, including medicinal and ceremonial 
food crops, combined with the historic European pat- 
terns of raising livestock, culminating in the largest 
nvunber of specialty crop farms in North Carolina. 

(D) The artifacts and structures associated with those 
legacies are unusually well-preserved. 

(E) The Blue Ridge Mountains are recognized as haAong 
one of the richest collections of historical resources in North 
America. 

(F) The history and cultural heritage of the Blue Ridge 
Mountains are snared with the States of Virginia, Ten- 
nessee, and Georgia, 

(G) there are significant cultural, economic, £md edu- 
cational benefits in celebrating and promoting this mutual 
heritage. 

(H) according to the 2002 reports entitled "The Blue 
Ridge Heritage and Cultural Partneirship" and "Western 
North Carolina National Heritage Area Feasibility Study 
and Plan", the Blue Ridge Mountains contain numerous 
resources that are of outstanding importance to the history 
of the United States. 

(I) it is in the interest of the United States to preserve 
and interpret the cultural and historical resources of the 
Blue Ridge Mountains for the education and benefit of 
present and future generations. 

(2) Purpose. — ^The purpose of this section is to foster a 
close working relationship with, and to assist, all levels of 
government, the private sector, and local conmiunities in the 
State in managing, preserving, protecting, and interpreting the 
cultural, historical, and natural resources of the Heritage Area 
while continuing to develop economic opportunities. 



73 



117 STAT. 1276 PUBLIC LAW 108-108— NOV. 10, 2003 

(c) Definitions.— 

(1) In this section: 

(A) Heritage area.— The term "Heritage Area" means 
the Blue Ridge National Heritage Area established by sub- 
section (d). 

(B) Management entity.— The term "management 
entity" means the management entity for the Heritage 
Area designated by subsection (dX3). 

(C) Management plan.— The term "management plan" 
means the management plem for the Heritage Area 
approved under subsection (e). 

(D) Secretary.— The term "Secretary" means the Sec- 
retary of the Interior. 

(E) State.— The term "State" means the State of North 
CaroUna. 

(d) Blue Ridge National Heritage Area.— 

(1) Establishment.— There is established the Blue Ridge 
National Heritage Area in the State. 

(2) Boundaries. — ^The Heritage Area shall consist of the 
counties of Alleghany, Ashe, Avery, Bimcombe, Burke, Caldwell, 
Cherokee, Clay, Graham, Haywood, Henderson, Jackson, 
McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry, 
Swain, Tramsylvania, Watauga, Wilkes, Yadkin, and Yancey 
in the State. 

(3) Management entity.— 

(A) In general. — ^As a condition of the receipt of fimds 
made available under subsection (i), the Blue Ridge 
National Heritage Area Partnership shall be the manage- 
ment entity for the Heritage Area. 

(B) Board of dlrectors.— 

(i) Composition. — The management entity shall 
be governed by a board of directors composed of nine 
members, of whom — 

(I) two members shall be appointed by 
AdvantageWest; 

(II) two members shall be appointed by Hand- 
Made in America, Inc.; 

(III) one member shall be appointed by the 
Education Research Consortium of Western North 
Carolina; 

(IV) one member shall be appointed by the 
Eastern Band of the Cherokee Indians; and 

(V) three members shall be appointed by the 
Governor of North Carolina and shall — 

(aa) reside in geographically diverse 
regions of the Heritage Area; 

(bb) be a representative of State or local 
governments or the private sector; and 

(cc) have knowledge of tourism, economic 
and community development, regional plan- 
ning, historic preservation, cultural or natural 
resoiu*ces development, regional planning, con- 
servation, recreational services, education, or 
museum services, 

(e) Management Plan.— 

Deadline. (1) In GENERAL. — ^Not later than 3 years after the date 

of enactment of this section, the management entity shall 



74 



PUBLIC LAW 10&-108— NOV. 10, 2003 117 STAT. 1277 

submit to the Secretary for approval a management plan for 
the Heritage Area. 

(2) Consideration of other plans and actions.— In 
developing the management plan, the management entity 
shall— 

(A) for the purpose of presenting a unified preservation 
and interpretation plan, take into consideration Federal, 
State, and local plans; and 

(B) provide for the participation of residents, public 
agencies, and private organizations in the Heritage Area. 

(3) Contents. — The management plan shall — 

(A) present comprehensive recommendations and 
strategies for the conservation, funding, management, and 
development of the Heritage Area; 

(B) identify existing and potential sources of Federal 
and non-Federal funding for the conservation, manage- 
ment, and development of the Heritage Area; and 

(C) include — 

(i) an inventory of the cultural, historical, natural, 
and recreational resources of the Heritage Area, 
including a list of property that — 

(I) relates to the purposes of the Heritage 
Area; and 

(II) should be conserved, restored, managed, 
developed, or maintained because of the signifi- 
cance of the property; 

(ii) a program of strategies and actions for the 
implementation of the management plan that identifies 
the roles of agencies and organizations that are 
involved in the implementation of the management 
plan; 

(iii) an interpretive and educational plan for the 
Heritage Area; 

(iv) a recommendation of poUcies for resource 
management and protection that develop intergovern- 
mental cooperative agreements to manage and protect 
the cultural, historical, natural, and recreational 
resources of the Heritage Area; and 

(v) an analysis of ways in which Federal, State, 
and local programs may best be coordinated to promote 
the purposes of this section. 

(4) Effect of failure to submit. — If a management plan 
is not submitted to the Secretary by the date described in 
paragraph (1), the Secretary shall not provide any additional 
fundmg under this section until a management plan is sub- 
mitted to the Secretary. 

(5) Approval or disapproval of management plan.— 

(A) In general. — ^Not later than 90 days after receiving Deadline, 
the management plan submitted under paragraph (1), the 
Secretary shall approve or disapprove the management 

plan. 

(B) Criteria. — In determining whether to approve the 
management plan, the Secretary shall consider whether 
the management plan — 

(I) has strong local support fii^m landowners, busi- 
ness interests, nonprofit organizations, and govern- 
ments in the Heritage Area; and 



75 



117 STAT. 1278 PUBLIC LAW 108-108— NOV. 10, 2003 

(ii) has a high potential for effective partnership 
mechanisms. 

(C) Action following disapproval.— If the Secretary 
disapproves a management plan under subpeiragraph (A), 
the Secretary shall — 

(i) advise the management entity in writing of 
the reasons for the disapproval; 

(ii) make reconmiendations for revisions to the 
management plan; and 

(iii) allow the management entity to submit to 
the Secretary revisions to the management plan. 

(D) Deadune for approval of revision.— Not later 
than 60 days after the date on which a revision is submitted 
under subparagraph (CXiii), the Secretary shall approve 
or disapprove the proposed revision. 

(6) Amendment of approved management plan.— 

(A) In general. — ^After approval by the Secretary of 
a management plan, the management entity shall 
periodically — 

(i) review the management plan; and 
(ii) submit to the Secretary, for review and 
approval, the recommendation of the management 
entity for any amendments to the management plan. 

(B) Use of funds. — No funds made available under 
subsection (i) shall be used to implement any amendment 
proposed by the management entity under subparagraph 
(A) until the Secretary approves the amendment. 

(f) Authorities and Duties of the Management Entity.— 

(1) Authorities.— ^For the purposes of developing and 
implementing the management plan, the management entity 
may use funds made available under subsection (i) to — 

(A) make grants to, and enter into cooperative agree- 
ments with, the State (including a political subdivision), 
nonprofit organizations, or persons; 

(B) hire and compensate staff; and 

(C) enter into contracts for goods and services. 

(2) Duties. — In addition to developing the management 
plem, the management entity shall — 

(A) develop and implement the management plan while 
considering the interests of diverse units of government, 
businesses, private property owners, and nonprofit groups 
in the Heritage Area; 

(B) conduct pubUc meetings in the Heritage Area at 
least semiaimually on the development and implementation 
of the management plan; 

(C) give priority to the implementation of actions, goals, 
and strategies in the management plan, including providing 
assistance to units of government, nonprofit organizations, 
and persons in — 

(i) carrying out the programs that protect resources 
in the Heritage Area; 

(ii) encouraging economic viability in the Heritage 
Area in accordance with the goals of the management 
plan; 

(iii) estabUshing and maintaining interpretive 
exhibits in the Heritage Area; 



76 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1279 

(iv) developing recreational and educational 
opportunities in the Heritage Area; and 

(v) increasing public awareness of and appreciation 
for the cultvu-al, historical, and natural resources of 
the Heritage Area; and 

(D) for any fiscal year for which Federal funds are 
received under subsection (i) — 

(i) submit to the Secretary a report that describes, 
for the fiscal year — 

(I) the accomplishments of the management 
entity; 

(II) the expenses and income of the manage- 
ment entity; and 

(III) each entity to which a grant was made; 
(ii) make available for audit by Congress, the Sec- 
retary, and appropriate units of government, all 
records relating to the expenditure of funds and any 
matching funds; and 

(iii) require, for all agreements authorizing 
expenditure of Federal funds by any entity, that the 
receiving entity make available for audit all records 
relating to the expenditure of funds. 
(3) PROHIBinON ON THE ACQUISITION OF REAL PROPERTY.— 
The management entity shall not use Federal funds received 
under subsection (i) to acquire real property or an interest 
in real property, 
(g) Technical and Financial Assistance.— 

(1) In general. — ^The Secretary may provide to the 
management entity technical assistance and, subject to the 
availability of appropriations, financial assistance, for use in 
developing and implementing the management plan. 

(2) RtiORlTY FOR assistance. — In providing assistance 
under subsection (a), the Secretary shall give priority to actions 
that facihtate — 

(A) the preservation of the significant cultural, histor- 
ical, natural, and recreational resources of the Heritage 
Area; and 

(B) the provision of educational, interpretive, and rec- 
reational opportunities that are consistent with the 
resources of the Heritage Area. 

(h) Land Use Regulation. — 

(1) In general. — ^Nothing in this section — 

(A) grants any power of zoning or land use to the 
management entity; or 

(B) modifies, enlarges, or diminishes any authority of 
the Federal Government or any State or local government 
to regulate any use of land under any law (including regula- 
tions). 

(2) Private property.— Nothing in this section— 

(A) abridges the rights of any person with respect 
to private property; 

(B) affects the authority of the State or local govern- 
ment with respect to private property; or 

(C) imposes any additional burden on any property 
owner. 

(i) Authorization of Appropriations.— 



77 



117 STAT. 1280 PUBLIC LAW 108-108— NOV. 10, 2003 

(1) In general. — There is authorized to be appropriated 
to carry out this section $10,000,000, of which not more than 
$1,000,000 shall be made available for any fiscal year. 

(2) Non-federal share.— The non-Federal share of the 
cost of any activities carried out using Federal funds made 
available under subsection (a) shall be not less than 50 percent, 
(j) Termination of Authority.— The authority of the Secretary 

to provide assistance under this section terminates on the date 
that is 15 years eifter the date of enactment of this section. 

Sec. 141. (a) Payment to the Harriet Tubman Home, 
Auburn, New York, Authorized.— <1) The Secretary of the Interior 
may, using amounts appropriated or otherwise made available by 
this title, make a payment to the Harriet Tubman Home in Auburn, 
New York, in the amount of $11,750. 

(2) The amount specified in paragraph (1) is the amount of 
widow's pension that Harriet Tubman should have received firom 
January 1899 to March 1913 under various laws authorizing pen- 
sion for the death of her husband, Nelson Davis, a deceased veteran 
of the Civil War, but did not receive, adjusted for inflation since 
March 1913. 

(b) Use of Amounts.— The Harriet Tubman Home shall use 
amounts paid under subsection (a) for the purposes of— 

(1) preserving and maintaining the Harriet Tubman Home; 
and 

(2) honoring the memory of Harriet Tubman. 

Sec. 142. Nonrenewable grazing permits authorized in the 
Jarbidge Field OflEice, Bureau of Land Management within the 

East seven years shall be renewed under section 402 of the Federal 
and Policy and Management Act of 1976, as amended (43 U.S.C. 
1752) and under section 3 of the Taylor Grazing Act of 1934, 
as amended (43 U.S.C. 315b). The terms and conditions contained 
in the most recently expired nonrenewable grazing permit shall 
continue in effect under the renewed permit. Upon completion of 
any required analysis or documentation, the permit may be can- 
celed, suspended or modified, in whole or in part, to meet the 
requirements of applicable laws and regulations. Nothing in this 
section shall be deemed to extend the nonrenewable permits beyond 
the standard 1-year term. 

Sec. 143. Interim Compensation Payments. Section 23030j) 
of Pubbc Law 106-246 (114 Stat. 549) is amended by inserting 
before the period at the end the following: ", unless the amount 
of the interim compensation exceeds the amount of the final com- 
pensation". 

Sec. 144. Pursuant to section 10101f(d)(3) of the Omnibus 
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the following 
claims shall be given notice of defect and the opportunity to cure: 
AKFF054162-AKFF054163, AKFF054165-AKFF054166, and 
AKFF054170-AKFF054171. 
16 use la-1 Sec. 145. None of the funds appropriated or othervrise made 

^^- avedlable by this or any other Act, nereafter enacted, may be used 

to permit the use of the National Mall for a special event, vmless 
the permit ejcpressly prohibits the erection, placement, or use of 
structures and signs bearing commercial advertising. The Secretary 
may allow for recognition of sponsors of special events: Provided, 
That the size and form of the recognition shall be consistent with 
the special nature and sanctity of the Mall and any lettering or 
design identifying the sponsor shall be no larger tnan one-tnird 



78 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1281 

the size of the lettering or design identifying the special event. 
In approving special events, the Secretary shall ensure, to the 
maximum extent practicable, that public use of, and access to 
the Mail is not restricted. For purposes of this section, the term 
"special event" shall have the meaning given to it by section 
7.96(g)(l)(ii) of title 36, Code of Federal Regulations. 

Sec. 146. In addition to amounts provided to the Department 
of the Interior in this Act, $5,000,000 is provided for a grant 
to Kendall County, Illinois. 

Sec. 147. Conveyance to the City of Las Vegas, Nevada. 
Section 705(b) of the Clark County Conservation of Public Land 
and Natural Resources Act of 2002 (116 Stat. 2015) is amended 
by inserting after "map" the following: "and the approximately 
10 acres of land in Clark County, Nevada, described Jis the NWV4 
SEy4 SWy4 of section 28, T. 20 S., R. 60 E., Mount Diablo Base 
and Meridian". 

Sec. 148. Congaree Swamp National Monument Boundary 
Revision. The first section of Public Law 94-545 (90 Stat. 2517; 
102 Stat. 2607) is amended— 16 USC 431 note. 

(1) in subsection (b), by striking the last sentence; and 

(2) by adding at the end the following: 
"(c) Acquisition of Additional Land.— 

"(1) In general. — The Secretary may acquire by donation, 
by purchase from a willing seller with donated or appropriated 
finds, by transfer, or by exchange, land or an interest in 
land described in paragraph (2) for inclusion in the monument. 
"(2) Description of land.— The land referred to in para- 
graph (1) is the approximately 4,576 acres of land adjacent 
to the Monument, as depicted on the map entitled "Congaree 
National Park Boundary Map", numbered 178/80015, and dated 
August 2003. 

"(3) Availability of map.— The map referred to in para- 
graph (2) shall be on file and available for public inspection 
in the appropriate offices of the National Park Service. 

"(4) Boundary revision.— On acquisition of the land or 
an interest in land under paragraph (1), the Secretary shall 
revise the boundary of the monument to reflect the acquisition. 
"(5) Administration. — ^Any land acquired by the Secretary 
imder paragraph (1) shall be administered by the Secretary 
as part of the monument. 

"(6) Effect.- Nothing in this section— 

"(A) affects the use of private land ac^acent to the 
monument; 

"(B) preempts the authority of the State with respect 
to the regulation of hvmting, fishing, boating, and wildlife 
management on private land or water outside the bound- 
aries of the monument; or 

"(C) negatively affects the economic development of 
the areas smrounding the monument. 
"(d) Acreage Limitation. — ^The total acreage of the monument 
shall not exceed 26,776 acres.". 

Sec. 149. Section 104 (16 U.S.C. 1374) is amended in subsection 
(cX5XD) W striking "the date of the enactment of the Marine 
Mammal Protection Act Amendments of 1994" and inserting "Feb- 
ruary 18, 1997". 

Sec. 150. The National Park Service shall issue a special regu- Regulations. 
lation concerning continued hunting at New River Gorge National 16 usc 460in-20 



79 



117 STAT. 1282 



PUBLIC LAW 108-108— NOV. 10, 2003 



River in compliance with the requirements of the Administrative 
Procedures Act, with opportunity for public comment, and shall 
also comply with the National Environmental Policy Act as appro- 
priate. Notwithstanding any other provision of law, the September 
25, 2003 interim final rule authorizing continued hunting at New 
River Gorge National River shall be in eflFect until the final special 
regulation supercedes it. 

TITLE II— RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

Forest Service 

forest and rangeland research 

For necessary expenses of forest and rauigeland research as 
authorized by law, $269,710,000, to remain available until 
expended: Provided, That of the funds provided, $52,359,000 is 
for the forest inventory and analysis program. 



Notification. 



Grants. 



STATE AND PRIVATE FORESTRY 

For necessary expenses of cooperating with and providing tech- 
nical and financial assistance to States, territories, possessions, 
and others, and for forest health m£magement, including treatments 
of pests, pathogens, and invasive or noxious plants and for restoring 
and rehabilitating forests damaged by pests or invasive plants, 
cooperative forestry, and education and land conservation activities 
and conducting an international program as authorized, 
$308,140,000, to remain available until expended, as authorized 
by law of which $64,934,000 is to be derived from the Land and 
Water Conservation Fund: Provided, That none of the fvmds pro- 
vided under this heading for the acquisition of lands or interests 
in lands shall be available until the Forest Service notifies the 
House Committee on Appropriations and the Senate Committee 
on Appropriations, in writing, of specific contractual and grant 
details including the non-Federal cost share of each project, related 
to the acquisition of lands or interests in lands to oe undertaken 
with such fimds: Provided further, That each forest legacy grant 
shall be for a specific project or set of specific tasks: Provided 
further. That grants for acquisition of lands or conservation ease- 
ments shall reauire that the State demonstrates that 25 percent 
of the total value of the project is comprised of a non-Federal 
cost share: Provided further. That notwithstanding any other provi- 
sion of law, of the fimds provided vmder this heading, $500,000 
shall be made available to Kake Tribal Corporation as an advance 
direct lump smn payment to implement the Kake Tribal Corporation 
Land Transfer Act (Public Law 106-283). 



NATIONAL FOREST SYSTEM 



For necessary expenses of the Forest Service, not otherwise 
p^rovided for, for management, protection, improvement, and utiliza- 
tion of the National Forest System, $1,382,916,000, to remain avail- 
able until expended, which shall include 50 percent of all moneys 
received during prior fiscal years as fees collected under the Land 



80 



117 STAT. 1296 PUBLIC LAW 108-108— NOV. 10, 2003 

None of the funds made available to the Indian Health Service 
in this Act shall be used for any assessments or charges by the 
Department of Health and Human Services unless identified in 
the budget justification and provided in this Act, or approved by 
the House and Senate Committees on Appropriations tnrough the 
reprogramming process. Personnel ceilings may not be imposed 
on the Indian Health Service nor may any action be taken to 
reduce the fVill time eauivalent level of the Indian Health Service 
below the level in fiscal year 2002 adjusted upward for the staffing 
of new and expanded facilities, funding provided for staffing at 
the Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
critical positions not filled in fiscsil year 2002, and staffing necessary 
to carry out the intent of Congress with regard to program increases. 

Notwithstanding any other provision of law, funds previously 
or herein made available to a tribe or tribal organization through 
a contract, grant, or agreement authorized by title I or title III 
of the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), may be deobhgated and reobligated to 
a self-determination contract under title I, or a self-governance 
agreement imder title III of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation. 

None of the funds made available to the Indian Health Service 
in this Act shall be used to implement the final rule published 
in the Federal Register on September 16, 1987, by the Department 
of Health and Human Services, relating to the eligibility for the 
health care services of the Indian Health Service until the Indian 
Health Service has submitted a budget request reflecting the 
increased costs associated with the proposed final rule, and such 
request has been included in an appropriations Act and enacted 
into law. 

With respect to functions transferred by the Indian Health 
Service to tribes or tribal organizations, the Indian Health Service 
is authorized to provide goods and services to those entities, on 
a reimbursable basis, including payment in advance with subse- 
quent at^ustment. The reimbursements received therefrom, along 
with the fimds received fi'om those entities pursuant to the Indian 
Self-Determination Act, may be credited to the same or subsequent 
appropriation account which provided the funding. Such amounts 
shall remain available until expended. 

Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance. 

The appropriation structure for the Indian Health Service may 
not be altered without advance approval of the House and Senate 
Committees on Appropriations. 

OTHER RELATED AGENCIES 

Office of Navajo and Hopi Indian Relocation 

salaries and expenses 

For necessary expenses of the Office of Nav^o and Hopi Indian 
Relocation as authorized by Public Law 93-531, $13,532,000, to 
remain available until expended: Provided, That funds provided 



81 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1301 

or contract documents which do not include the text of 18 U.S.C. 
1913: Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities mav be used for official 
reception and representation expenses: Provided further. That funds 
from nonappropriated sources may be used as necessary for official 
reception and representation expenses: Provided further. That the 
Chairperson of the National Endowment for the Arts may approve 
grants up to $10,000, if in the aggregate this amount does not 
exceed 5 percent of the sums appropriated for grant-making pur- 
poses per year: Provided further, Tnat such small grant actions 
are taken pursuant to the terms of an expressed and direct delega- 
tion of authority from the National Council on the Arts to ttie 
Chairperson. 

Commission of Fine Arts 

salaries and expenses 

For expenses made necessary by the Act establishing a Commis- 
sion of Fine Arts (40 U.S.C. 104), $1,422,000: Provided, That the 
Commission is authorized to charge fees to cover the fiill costs 
of its publications, and such fees shall be credited to this account 
as an offsetting collection, to remain available until expended with- 
out further appropriation. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 

For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956(a)), as amended, $7,000,000. 

Advisory Council on Historic Preservation 

salaries and expenses 

For necessary expenses of the Advisory Council on Historic 
Preservation (PubUc Law 89-665, as amended), $4,000,000: Pro- 
vided, That none of these funds shall be available for compensation 
of level V of the Executive Schedule or higher positions. 

National Capital Planning Commission 

salaries and expenses 

For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), includiiig services as 
authorized by 5 U.S.C. 3109, $7,730,000: Provided, That for fiscal 40USC8711 
year 2004 and thereafter, all appointed members of the Cormnission n"*^- 
will be compensated at a rate not to exceed the daily equivalent 
of the annual rate of pay for positions at level IV of the Executive 
Schedule for each day such member is engaged in the actual 
performance of duties. 

United States Holocaust Memorial Museum 

HOLOCAUST memorial MUSEUM 

For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106-292 (36 U.S.C. 2301-2310), $39,997,000, of 



82 



117 STAT. 1302 PUBLIC LAW 108-108— NOV. 10, 2003 

which $1,900,000 for the museum's repair and rehabilitation pro- 
gram and $1,264,000 for the museum's exhibitions program snail 
remain available until expended. 

Presidio Trust 

presidio trust fund 

For necessary expenses to carry out title I of the Omnibus 
Parks and Public Lands Management Act of 1996, $20,700,000 
shall be available to the Presidio Trust, to remain available imtil 
expended. 

TITLE ni— GENERAL PROVISIONS 

Coatracts. Sec. 301. The expenditure of any appropriation under this 

Public Act for any consulting service through procurement contract, pursu- 

information. ant to 5 U.S.C. 3109, shall be Umited to those contracts where 

such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existmg law, or imder existing Executive order issued pursuant 
to existing law. 

Sec. 302. No part of any appropriation contained in this Act 
shall be available tor any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which congressional 
action is not complete. 

Sec. 303. No part of any appropriation contained in this Act 
shall remain available for obligation oeyond the current fiscal year 
imless expressly so provided herein. 

Sec. 304. None of the funds provided in this Act to any depart- 
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 

Sec. 305. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
notice of such assessments and the basis therefor are presented 
to the Committees on Appropriations and are approved by such 
committees. 

Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as ^ant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 2003. 

Sec. 307. (a) Limitation of Funds.— None of the funds appro- 
priated or otherwise made available pursuant to this Act snail 
be obligated or expended to accept or process applications for a 
patent for any minmg or mill site claim located under the general 
mining laws. 

(b) Exceptions. — ^The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
cmim concerned: (Da patent application was filed with the Sec- 
retary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 
and 37) for placer claims, and section 2337 of the Revised Statutes 



83 



117 STAT. 1304 



PUBLIC LAW 108-108— NOV. 10, 2003 



Grants. 



Reports. 



Any proceeds from such gifts, bequests, or devises, after acceptance 
by the National Endowment for the Arts or the National Endow- 
ment for the Humanities, shall be paid by the donor or the rep- 
resentative of the donor to the Chairman. The Chairman shall 
enter the proceeds in a special interest-bearing account to the 
credit of the appropriate endowment for the purposes specified 
in each case. 

Sec. 311. (a) In providing services or awarding financial assist- 
ance under the National Fovmdation on the Arts and the Human- 
ities Act of 1965 from funds appropriated under this Act, the 
Chairperson of the National Endowment for the Arts shall ensure 
that priority is given to providing services or awarding financial 
assistance for projects, productions, workshops, or progreuns that 
serve underserved popiilations. 

(b) In this section: 

(1) The term "underserved population" means a population 
of individuals, including urban minorities, who have historically 
been outside the purview of arts and humanities programs 
due to factors such as a high incidence of income below the 
poverty line or to geographic isolation. 

(2) The term "poverty line" means the poverty line (as 
defined by the Office of Management and Budget, and revised 
annually in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) (appUcable to 
a family of the size involved. 

(c) In providing services and awarding financial assistance 
under the National Foundation on the Arts and Humanities Act 
of 1965 with funds appropriated by this Act, the Chairperson of 
the National Endowment for the Arts shaU ensure that priority 
is given to providing services or awarding financial assistance for 
projects, productions, workshops, or programs that will encourage 
public knowledge, education, understanding, and appreciation of 
the arts. 

(d) With funds appropriated by this Act to carry out section 
5 of the National Foundation on the Arts and Humanities Act 
of 1965— 

(1) the Chairperson shall establish a grant category for 
projects, productions, workshops, or programs that are of 
national impact or availability or are able to tour several States; 

(2) the Chairperson shall not make grants exceeding 15 
percent, in the aggregate, of such funds to any single State, 
excluding grants made under the authority of paragraph (1); 

(3) the Chairperson shall report to the Congress annually 
and by State, on grants awarded by the Chairperson in each 
grant category under section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to 
improve and support community-based music performance and 
education. 

Sec. 312. No part of any appropriation contained in this Act 
shall be expended or obligated to complete and issue the 5-year 
program under the Forest and Rangel£Uid Renewable Resources 
Planning Act. 

Sec. 313. None of the funds in this Act may be used to support 
Government-wide administrative functions uiuess such functions 
are justified in the budget process and funding is approved by 
the House and Senate Committees on Appropriations. 



84 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1305 

Sec. 314. Notwithstanding any other provision of law, none 
of the funds in this Act may be used for GSA Telecommunication 
Centers. 

Sec. 315. Notwithstanding any other provision of law, for fiscal 
year 2004 the Secretaries of Agriculture and the Interior are author- 
ized to limit competition for watershed restoration project contracts 
as part of the "Jobs in the Woods" Program established in Region 
10 of the Forest Service to individuals and entities in historically 
timber-dependent areas in the States of Washington, Oregon, 
northern California, Idaho, Montana, and Alaska that have been 
affected by reduced timber harvesting on Federal lands. The Secre- 
taries shall consider the benefits to the local economy in evaluating 
bids and designing procurements which create economic opportuni- 
ties for local contractors. 

Sec. 316. Amounts deposited during fiscal year 2003 in the 
roads and trails fund provided for in the 14th paragraph under 
the heading "FOREST SERVICE" of the Act of March 4, 1913 
(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of 
Agriculture, without regard to the State in which the amounts 
were derived, to repair or reconstruct roads, bridges, and trails 
on National Forest System lands or to carry out and administer 
projects to improve forest health conditions, which may include 
the repair or reconstruction of roads, bridges, and trails on National 
Forest System lands in the wildland-conmiunity interface where 
there is an abnormally high risk of fire. The projects shall empha- 
size reducing risks to human safety and public health and property 
and enhancing ecological functions, long-term forest productivity, 
and biological integrity. The projects may be completed in a subse- 
quent fiscal year. Fimds shall not be expended xmder this section 
to replace fvmds which would otherwise appropriately be expended 
from the timber salvage sale fimd. Nothing m this section shall 
be construed to exempt any project from any environmental law. 

Sec. 317. Other than in emergency situations, none of the 
funds in this Act may be used to operate telephone answering 
machines during core business hours unless such answering 
machines include an option that enables callers to reach promptly 
an individual on-duty with the agency being contacted. 

Sec. 318. No timber sale in Region 10 shall be advertised 
if the indicated rate is deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar. Program accomplishments shaU be based on volume sold. 
Shovdd Region 10 sell, in fiscal year 2004, the annual average 
portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan in sales which are not 
deficit when appraised using a residual value approach that assigns 
domestic Alaska values for western redcedar, all of the westeim 
redcedar timber from those sales which is surplus to the needs 
of domestic processors in Alaska, shall be made available to 
domestic processors in the contiguous 48 United States at prevailing 
domestic prices. Should Region 10 sell, in fiscal year 2003, less 
than the £mnual average portion of the decadal allowable sale 
quantity called for in the Tongass Land Management Plan in sales 
which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar, 
the volume of western redcedar timber available to domestic proc- 
essors at prevailing domestic prices in the contiguous 48 United 
States shall be that volume: (i) which is surplus to the needs 



85 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1307 

Sec. 321. No funds provided in this Act may be expended 
to conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boimdary 
existed on January 20, 2001, except where such activities are 
allowed under the Presidential proclamation establishing such 
monument. 

Sec. 322. Extension of Forest Service Conveyances Pilot 
Program. — Section 329 of the Department of the Interior and 
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; 
Public Law 107-63) is amended— 

(1) in subsection (b), by striking "20" and inserting "30": 

(2) in subsection (c) by striking "3" and inserting "8"; and 

(3) in subsection (d), by striking "2006" and inserting 
"2007". 

Sec. 323. Employees of the foundations established by Acts 
of Congress to solicit private sector funds on behalf of Federal 
land management agencies shall, in fiscal year 2005, qualify for 
General Service Adnmiistration contract airfares. 

Sec. 324. In entering into agreements with foreign countries Contracts. 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. WUdfires. 
1856m) the Secretary of A^culture and the Secretary of the 
Interior are authorized to enter into reciprocal agreements in which 
the individuals fvimished under said agreements to provide wildfire 
services are considered, for purposes of tort liability, employees 
of the country receiving said services when the individuals are 
engaged in fire suppression: Provided, That the Secretary of Agri- 
culture or the Secretary of the Interior shall not enter into any 
agreement under this provision unless the foreign coimtry (either 
directly or through its fire organization) agrees to assume any 
and all liability for the acts or omissions of American firefighters 
engaged in firefighting in a foreign country: Provided further, That 
when an agreement is reached for fvimishing fire fighting services, 
the only remedies for acts or omissions committed while fighting 
fires shall be those provided under the laws of the host country, 
and those remedies shall be the exclusive remedies for any claim 
arising out of fighting fires in a foreign country: Provided further. 
That neither the sending coiuitry nor any legal organization associ- 
ated with the firefighter shall be subject to any legal action whatso- 
ever pertaining to or arising out of the firefighter's role in fire 
suppression. 

Sec. 325. A grazing permit or lease issued by the Secretary 
of the Interior or a grazing permit issued by tne Secretary of 
Agriculture where National Forest System lands are involved that 
expires, is transferred, or waived during fiscal years 2004-2008 
shall be renewed imder section 402 of the Federal Land Policy 
and Management Act of 1976, as amended (43 U.S.C. 1752), section 
19 of the Granger-Thye Act, as amended (16 U.S.C. 5801), title 
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et 
seq.), or, if applicable, section 510 of the California Desert Protection 
Act (16 U.S.C. 410aaa-50). The terms and conditions contained 
in the expired, transferred, or waived permit or lease shall continue 
in effect under the renewed permit or lease until such time as 
the Secretary of the Interior or Secretary of Agriculture as appro- 
priate completes processing of such permit or lease in compliance 



86 



117 STAT. 1308 



PUBLIC LAW 108-108— NOV. 10, 2003 



Deadline. 
Reports. 
43 use 1752 
note. 



with all applicable laws and regulations, at which time such permit 
or lease may be canceled, suspended or modified, in whole or 
in part, to meet the requirements of such applicable laws and 
regulations. Nothing in this section shall be deemed to alter the 
statutory authority of the Secretary of the Interior or the Secretary 
of Agriculture: Provided, That where National Forest System lands 
are involved and the Secretary of Agriculture has renewed an 
expired or waived grazing permit prior to fiscal year 2004, the 
tenns and conditions of the renewed grazing permit shall remain 
in effect until such time as the Secretary of Agriculture completes 
processing of the renewed permit in compliance with all applicable 
laws and regulations or untU the expiration of the renewed permit, 
whichever comes first. Upon completion of the processing, the 
permit may be canceled, suspended or modified, m whole or in 
part, to meet the requirements of appUcable laws and regulations: 
Provided further. That beginning in November 2004, and every 
year thereafter, the Secretaries of the Interior and Agriculture 
shall report to Congress the extent to which they are completing 
analysis required under applicable laws prior to the expiration 
of grazing permits, and beginning in May 2004, and every two 
years thereafter, the Secretaries shall provide Congress rec- 
ommendations for legislative provisions necessary to ensure all 
permit renewals are completed in a timely manner. The legislative 
reconmiendations provided shall be consistent with the funding 
levels requested in the Secretaries* budget proposals: Provided fur- 
tfier. That notwithstanding section 504 of the Rescissions Act (109 
Stat. 212), the Secretaries in their sole discretion determine the 
priority and timing for completing required environmental analysis 
of grazing allotments based on the environmental significance of 
the allotments and funding available to the Secretaries for this 
purpose: Provided further. That any Federal lands included within 
the boundary of Lake Roosevelt National Recreation Area, as des- 
ignated by the Secretary of the Interior on April 5, 1990 (Lake 
Roosevelt Cooperative Management Agreement), that were utilized 
as of March 31, 1997, for grazing purposes pursuant to a permit 
issued by the National Park Service, the person or persons so 
utilizing such lands as of March 31, 1997, shall be entitled to 
renew said permit under such terms and conditions as the Secretary 
may prescribe, for the lifetime of the permittee or 20 years, which- 
ever is less. 

Sec. 326. Notwithstanding any other provision of law or regula- 
tion, to promote the more efficient use of the health care funding 
allocation for fiscal year 2004, the Eagle Butte Service Unit of 
the Indian Health Service, at the request of the Cheyenne River 
Sioux Tribe, may pay base salary rates to health professionals 
up to the highest grade and step available to a physician, phar- 
macist, or other health professional and may pay a recruitment 
or retention bonus of up to 25 percent above the base pay rate. 

Sec. 327. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government except pursuant to a transfer made 
by, or transfer authority provided in, this Act or any other appro- 
priations Act. 

Sec. 328. None of the funds in this Act may be used to prepare 
or issue a permit or lease for oil or gas drilling in the Finger 
Lakes National Forest, New York, during fiscal year 2004. 



87 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1309 

Sec. 329. None of the fiinds made available in this Act may 
be used for the planning, design, or construction of improvements 
to Pennsylvania Avenue in front of the White House without the 
advance approval of the Conomittees on Appropriations. 

Sec. 330. In awarding a Federal Contract with funds made 
available by this Act, the Secretary of Agriculture and the Secretary 
of the Interior (the "Secretaries") may, in evaluating bids and 
proposals, give consideration to local contractors who are from, 
and who provide employment and training for, dislocated and dis- 
placed workers in an economically disadvantaged rural community, 
including those historically timber-dependent areas that have been 
affected by reduced timber harvesting on Federal lands and other 
forest-dependent rural communities isolated from significant alter- 
native employment opportunities: Provided, That me Secretaries 
may award grants or cooperative agreements to local non-profit 
entities. Youth Conservation Corps or related partnerships with 
State, local or non-profit youth groups, or small or disadvantaged 
business: Provided further. That the contract, grant, or cooperative 
agreement is for forest hazardous fiiels reduction, watershed or 
water quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further. 
That the terms "rural community" and "economically disadvan- 
taged" shall have the same meanings as in section 2374 of Public 
Law 101-624: Provided further, That the Secretaries shall develop Gtiidelines. 
guidance to implement this section: Provided further. That nothing 
in this section shall be construed as reUeving the Secretaries of 
any duty under appHcable procurement laws, except as provided 
in this section. 

Sec. 331. No funds appropriated in this Act for the acquisition 
of lands or interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation without the 
approval of the House and Senate Committees on Appropriations: 
Provided, That this provision shall not apply to funds appropriated 
to implement the Everglades National Park Protection and Expan- 
sion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acqmre lands for Everglades restoration 
purposes. 

Sec. 332. Section 315(f) of the Department of the Interior 
and Related Agencies Appropriations Act, 1996 (as contained in 
section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 
4601-6a note), is amended — 

(1) by striking "September 30, 2004" and inserting 
"December 31, 2005'^; and 

(2) by striking "2007" and inserting "2008". 

Sec. 333. Implementation of Gallatin Land Consolidation 
Act of 1998. (a) Definitions. — ^For purposes of this section: 

(1) "Gallatin Land Consolidation Act of 1998" means Public 
Law 105-267 (112 Stat. 2371). 

(2) "Option Agreement" has the same meaning as defined 
in section 3(6) of the Gallatin Land ConsoUdation Act of 1998. 

(3) "Secretary" means the Secretary of Agrictilture, 

(4) "Excess receipts" means National Forest Fund receipts 
from the National Forests in Montana, which are identified 
and adjusted by the Forest Service within the fiscal vear, 
and which are in excess of funds retained for: the Salvage 
Sale Fund; the Knutson-Vandenberg Fund; the Purchaser Road/ 
Specified Road Credits; the Twenty-Five Percent Fimd, as 



88 



PUBLIC LAW 108-108— NOV. 10, 2003 



117 STAT. 1315 



Applicability. 



Deadline. 

31 use 501 note. 



Sec. 340. (a) Justification of CoMPETmvE Sourcing Acnvi- 3i use soi note, 
TIES.— <1) In each budget submitted by the President to Congress 
under section 1105 of title 31, United States Code, for a fiscal 
year, beginning with fiscal year 2005, amounts requested to perform 
competitive sourcing studies for programs, projects, and activities 
listed in paragraph (2) shall be set forth separately fi^m other 
amounts requested. 

(2) Paragraph (1) applies to programs, projects, and activities — 

(A) of the Department of the Interior for which funds 
are appropriated by this Act; 

(B) of the Forest Service; and 

(C) of the Department of Energy for which fiinds are appro- 
priated by this Act. 
(b) Annual Reporting Requirements on Competitive 

Sourcing Activities. — (1) Not later than December 31 of each 
year, beginning with December 31, 2003, the Secretary concerned 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a report, covering the preceding 
fiscal year, on the competitive sourcing studies conducted by the 
Department of the Interior, the Forest Service, or the Department 
of Energy, as appropriate, and the costs and cost savings to the 
citizens of the United States of such studies. 

(2) In this subsection, the term "Secretary concerned" means — 

(A) the Secretary of the Interior, with respect to the Depart- 
ment of the Interior programs, projects, and activities for which 
fiinds are appropriated by this Act; 

(B) the Secrettiry of Agriculture, with respect to the Forest 
Service; and 

(C) the Secretary of Energy, with respect to the Department 
of Energy programs, projects, and activities for which fimds 
are appropriated by this Act. 

(3) Tlie report under this subsection shall include, for the 
fiscal year covered^ — 

(A) the total number of competitions completed; 

(B) the total number of competitions announced, together 
with a Ust of the activities covered by such competitions; 

(C) the total number of fiiU-time equivalent Federal 
employees studied under completed competitions; 

(D) the total nimiber of ftill-time equivalent Federal 
employees being studied under competitions announced, but 
not completed; 

(E) the incremental cost directly attributable to conducting 
the competitions identified \mder subparagraphs (A) and (B), 
including costs attributable to paying outside consultants and 
contractors; 

(F) an estimate of the total anticipated savings, or a quan- 
tifiable description of improvements in service or performance, 
derived from completed competitions; 

(G) actual savings, or a quantifiable description of improve- 
ments in service or performance, derived from the implementa- 
tion of competitions; 

(H) the total projected number of fiill-time equivalent Fed- 
eral employees covered by competitions schedijded to be 
announced in the fiscal year; and 

(I) a description of how the competitive sourcing decision 
making processes are aligned with strategic workforce plans. 



89 



117 STAT. 1316 



PUBLIC LAW 108-108— NOV. 10, 2003 



DeacQine. (c) DECLARATION OF COMPETITIVE SOURCING STUDIES.— For 

fiscal year 2004, each of the Secretaries of executive departments 
referred to in subsection {b)(2) shall submit a detailed competitive 
sourcing proposal to the Committees on Appropriations of the 
Senate and the House of Representatives not later than 60 days 
after the date of the enactment of this Act. The proposal shall 
include, for each competitive sourcing study proposed to be carried 
out by or for the Secretary concerned, the number of positions 
to be studied, the amount of funds needed for the study, and 
the program, project, and activity from which the funds will be 
expended. 

(d) Limitation on Competitive Sourcing Studies.— (1) Of 
the funds made available by this or any other Act to the Department 
of Energy or the Department of the Interior for fisceil year 2004, 
not more than the maximimi amount specified in paragraph (2XA) 
may be used by the Secretary of Energy or the Secretary of the 
Interior to initiate or continue competitive sourcing studies in fiscal 
year 2004 for programs, projects, and activities for which funds 
are appropriated by this Act until such time as the Secretary 
concerned submits a reprogramming proposal to the Committees 
on Appropriations of the Senate and the House of Representatives, 
and such proposal has been processed consistent with the fiscal 
year 2004 reprogramming guidelines. 

(2) For the purposes of paragraph (1) — 

(A) the maximum amount— 

(i) with respect to the Department of Energy is 
$500,000; and 

(ii) with respect to the Department of the Interior 
is $2,500,000; and 

(B) the fiscal year 2004 reprogramming guideUnes referred 
to in such paragraph are the reprogramming guidelines set 
forth in the joint explanatory statement accompanying the Act 
(H.R. 2691, 108th Congress, 1st session), making appropriations 
for the Department of the Interior and related agencies for 
the fiscal year ending September 30, 2004, and for other pur- 
poses. 

(3) Of the funds appropriated by this Act, not more than 
$5,000,000 may be used in fiscal year 2004 for competitive sourcing 
studies £Uid related activities by the Forest Service. 

(e) Limitation on Conversion to Contractor Perform- 
ance. — (1) None of the funds made available in tiiis or any other 
Act may be used to convert to contractor performance an activity 
or fimction of the Forest Service, an activity or function of the 
Department of the Interior performed under programs, projects, 
and activities for which funds are appropriated by this Act, or 
an activity or function of the Department of Energy performed 
under programs, projects, and activities for which funds are appro- 
priated by this Act, if such activity or function is performed on 
or after the date of the enactment of this Act by more than 10 
Federal employees unless — 

(A) the conversion is based on the result of a public-private 
competition that includes a more efficient and cost effective 
organization plan developed by such activity or function; and 

(B) the Competitive Sourcing Official determines that, over 
all performance periods stated m the solicitation of offers for 
performance of the activity or function, the cost of performance 
of the activity or function by a contractor would be less costiy 



90 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1317 

to the Federal Government by an amount that equals or exceeds 
the lesser of— 

(i) 10 percent of the more efficient organization's per- 
sonnel-related costs for performance of that activity or func- 
tion by Federal employees; or 
(ii) $10,000,000. 

(2) This subsection shall not apply to a commercial or industrial 
type function that — 

(A) is included on the procurement list estabUshed pursuant 
to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47); 

(B) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped individuals in accordance with 
that Act; or 

(C) is planned to be converted to performance by a qualified 
firm imder at least 51 percent ownership 1:^ an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
Hawaiian Organization, as defined in section 8(a)(15) of the 
Small Business Act (15 U.S.C. 637(a)(15)). 

(3) The conversion of any activity or function under the 
authority provided by this subsection shall be credited toward any 
competitive or outsovu-cing goal, target, or measurement that may 
be established by statute, reg^ation, or policy. 

(f) Competitive Sourcing Study Defined.— In this subsection, 3i use 50i note. 
the term "competitive sourcing study" means a study on subjecting 
work performed by Federal Government employees or private con- 
tractors to public-private competition or on converting the Federal 
Grovemment employees or the work performed by such employees 
to private contractor performance under the Office of Management 
ana Budget Circular A-76 or any other administrative regulation, 
directive, or policy. 

Sec. 341. Section 4(eX3)(A)(vi) of the Southern Nevada Public 
Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007) 
is amended oy striking "under this Act" and inserting "under this 
Act, including costs incurred under paragraph (2)(A)". 

Sec. 342. Lake Tahoe Restoration Projects. Section 
4(e)(3)(A) of the Southern Nevada Public Land Management Act 
of 1998 (112 Stat. 2346; 116 Stat. 2007) is further amended— 

(1) in clause (v), by striking "and" at the end; 

(2) by redesignating clause (vi) as clause (vii); and 

(3) by inserting after clause (v) the following: 

"(vi) transfer to the Secretary of Agriculture, or, 
if the Secretary of Agriculture enters into a cooperative 
agreement with the head of another Federal agency, 
the head of the Federal agency, for Federal environ- 
mental restoration projects under sections 6 and 7 
of the Lake Tahoe Restoration Act (114 Stat. 2354), 
environmental improvement payments under section 
2(g) of Public Law 96-586 (94 Stat. 3382), and any 
Federal environmental restoration project included in 
the environmental improvement program adopted by 
the Tahoe Regional Planning Agency in February 1998 
(as amended), in an amount equal to the cumulative 
amounts authorized to be appropriated for such 
projects under those Acts, in accordance with a revision 
to the Southern Nevada PubUc Land Management Act 



91 



117 STAT. 1318 



PUBLIC LAW 108-108— NOV. 10, 2003 



of 1998 Implementation Agreement to implement this 
section, which shall include a mechanism to ensure 
appropriate stakeholders from the States of California 
and Nevada psirticipate in the process to recommend 
projects for funding; and". 
Sec. 343. Estimated overhead charges, deductions, reserves 
or holdbacks from programs, projects and activities to support 
govemmentwide, departaiental, agency or bureau administrative 
functions or headquarters, regional or central office operations shall 
be presented in annual budget justifications. Changes to such esti- 
mates shall be presented to the Committees on Appropriations 
for approval. 

Sec. 344. (a) Across-the-Board Rescissions.— There is hereby 
rescinded an amount equal to 0.646 percent of— 

(1) the budget authority provided for fiscal year 2004 for 
any discretionary account in this Act; and 

(2) the budget authority provided in any advance appropria- 
tion for fiscal year 2004 for any discretionary account in the 
Department of the Interior and Related Agencies Appropria- 
tions Act, 2003. 

(b) Proportionate Application. — ^Any rescission made by sub- 
section (a) shall be apphed proportionately — 

(1) to each (hscretionary account and each item of budget 
authority described in subsection (a); and 

(2) within each such account and item, to each projgram, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such account or item, 
or for accoimts and items not included in appropriation Acts, 
as delineated in the most recently submitted President's 
budget). 



Flathead and 

Kootenai 

National Forest 

Rehabilitation 

Act of 2003. 

Wildfires. 

Montana. 



TITLE IV— THE FLATHEAD AND KOOTENAI NATIONAL 
FOREST REHABILITATION ACT 

Sec. 401. Short Title. This title may be cited as the "Flathead 
and Kootenai National Forest Rehabilitation Act of 2003". 

Sec. 402. Findings and Purpose, (a) Findings.— Congress 
finds that — 

(1) the Robert Fire and Wedge Fire of 2003 caused exten- 
sive resource damage in the Flathead National Forest; 

(2) the fires of 2000 caused extensive resource damage 
on the Kootenai National Forest and implementation of 
rehabilitation and recovery projects developed by the agency 
for the Forest is critical; 

(3) the environmental planning and analysis to restore 
areas affected by the Robert Fire and Wedge Fire will be 
completed through a collaborative commimity process; 

(4) the rehabilitation of burned areas neeas to be completed 
in a timely manner in order to reduce the long-term environ- 
mental impacts; and 

(5) wildlife and watershed resource values will be main- 
tained in areas affected by the Robert Fire and Wedge Fire 
while exempting the rehabilitation effort from certain appUca- 
tions of the National Environmental Policy Act (NEPA) and 
the Clean Water Act (CWA). 



92 



PUBLIC LAW 108-108— NOV. 10, 2003 117 STAT. 1321 

This Act may be cited as the "Department of the Interior 
and Related Agencies Appropriations Act, 2004". 

Approved November 10, 2003. 



LEGISLATIVE HISTORY— H.R. 2691 (S. 1391): 

HOUSE REPORTS: Nos. 108-195 (Coram, on Appropriations) and 108-330 (Comm. 

of Conference). 
SENATE REPORTS: No. 108-89 accompanying S. 1391 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

July 16, 17, considered and passed House. 

Sept. 17, 18, 22, 23, considered and passed Senate, amended. 

Od;. 30, House agreed to conference report. 

Nov. 3, Senate agreed to conference report. 
WEEKLY COMPILATTON OF PRESIDENTIAL DOCUMENTS. Vol. 39 (2003): 

Nov. 10, Presidential statement. 



o 



93 



PUBLIC LAW 108-125— NOV. 11, 2003 117 STAT. 1347 



Public Law 108-125 
108th Congress 

An Act 

To extend the authority for the construction of a memorial to Nov. 11, 2003 

Martin Luther King, Jr. [S. 470] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. MEMORIAL TO MARTIN LUTHER KING. JR. 40 USC 8903 

Section 508(b) of the Omnibus Parks and Public Lands Manage- 
ment Act of 1996 (Public Law 104-333), as amended, is amenoed 
to read as follows: 

"(b) Compliance With Standards for Commemorative 
Works. — (1) Except as provided in paragraph (2), the establishment 
of the memorial shall be in accordemce with chapter 89 of title 
40, United States Code. 

"(2) Notwithstanding section 8903(e) of title 40, United States Termination 
Code, the authority provided by this section terminates on **«<*• 
November 12, 2006.". 

Approved November 11, 2003. 



LEGISLATIVE ffiSTORY- 5. 470 (H.R. 1209): 

HOUSE REPORTS: No. 108-203 accompanwig H.R. 1209 (Ck)mm. on Resources). 
SENATE REPORTS: No. 108-90 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD Vol. 149 (2003): 

July 17, considered and passed Senate. 

Oct. 28, considered and passed House. 

o 



94 



117 STAT. 1348 PUBLIC LAW 108-126— NOV. 17, 2003 



Public Law 108-126 
108th Congress 

An Act 

Nov. 17, 2003 To authorize the design and construction of a visitor center for the Vietnam Veterans 
[H.R. 1442] Memorial. 

Be it enacted by the Senate and House of Representatives of 
District of the United States of America in Congress assembled, 

Columbia. 

TITLE I— VIETNAM VETERANS 
MEMORIAL VISITOR CENTER 

SEC. 101. VISITOR CENTER. 

Public Law 96-297 (16 U.S.C. 431 note) is amended by adding 
at the end the following: 

"SEC. 6. VISITOR CENTER. 

"(a) Authorization.— 

"(1) In general.— The Vietnam Veterans Memorial Fund, 
Inc., is authorized to construct a visitor center at or near 
the Vietnam Veterans Memorial on Federal land in the District 
of Columbia, or its environs, subject to the provisions of this 
section, in order to better inform and educate the public about 
the Vietnam Veterans Memorial and the Vietnam War. 

"(2) Location. — ^The visitor center shall be located under- 
ground. 

"(3) Consultation on design phase.— The Vietnam Vet- 
erans Memori£il Fund, Inc., shall consult with educators, vet- 
erans groups, and the National Park Service in developing 
the proposed design of the visitor center. 
"(b) CoMPUANCE With Standards Applicable to Commemo- 
rative Works.— Chapter 89 of title 40, United States Code, shall 
apply, including provisions related to the siting, desigii, construc- 
tion, and maintenance of the visitor center, and the visitor center 
shall be considered a commemorative work for the purposes of 
that Act, except that — 

"(1) final approval of the visitor center shall not be with- 
held; 

"(2) the provisions of subsections (b) and (c) of section 
8908 of title 40, United States Code, requiring further approval 
by law for the location of a commemorative work within Area 
I and prohibiting the siting of a visitor center within the 
Reserve shall not applv; 

"(3) the size of tne visitor center shall be limited to the 
minimum necessary — 



95 



PUBLIC LAW 108-126— NOV. 17, 2003 



117 STAT. 1349 



"(A) to provide for appropriate educational and 
interpretive functions; and 

"(B) to prevent interference or encroachment on the 
Vietnam Veterans Memorial and to protect open space 
and visual sightlines on the Mall; and 
"(4) the visitor center shall be constructed and landscaped 
in a manner harmonious with the site of the Vietnam Veterans 
Memorial, consistent with the special nature and sanctity of 
the Mall. 
"(c) Operation and Maintenance.— 

"(1) In general. — ^The Secretary of the Interior shall — 
"(A) operate and maintain the visitor center, except 
that the Secretsay shall enter into a written agreement 
with the Vietnam Veterans Memorial Fund, Inc., for speci- 
fied maintenance needs of the visitor center, as determined 
by the Secretary; and 

"(B) as soon as practicable, in cons\iltation with edu- 
cators and veterans groups, develop a written interpretive 
plan for the visitor center in accordance with National 
Park Service policy. 

"(2) Donation for perpetual maintenance and 
preservation. — Paragraph (1)(A) does not waive the require- 
ments of section 8906(b) of title 40, United States Code, with 
respect to the visitor center. 

"(dj Funding.— The Vietnam Veterans Memorial Fund, Inc., 
shall be solely responsible for acceptance of contributions for, and 
payment of expenses of, the establishment of the visitor center. 
No Federal funds shall be used to pay any expense of the establish- 
ment of the visitor center.". 

TITLE II— COMMEMORATIVE WORKS 

SEC. 201. SHORT TITLE. 

This title may be cited as the "Commemorative Works Clarifica- 
tion and Revision Act of 2003". 

SEC. 202. ESTABLISHMENT OF RESERVE. 

(a) Findings.— Congress finds that— 

(1) the great cross-axis of the Mall in the District of 
Columbia, which generally extends fi-om the United States 
Capitol to the Lincoln Memorial, and from the White House 
to the Jefferson Memorial, is a substantially completed work 
of civic art; and 

(2) to preserve the integrity of the Mall, a reserve area 
should be designated within the core of the great cross-axis 
of the Mall where the siting of new commemorative works 
is prohibited. 

(b) Reserve.— Section 8908 of title 40, United States Code, 
is amended by adding at the end the following: 

"(c) Reserve. — ^After the date of enactment of the Commemora- 
tive Works Clarification and Revision Act of 2003, no commemora- 
tive work or visitor center shall be located within the Reserve.". 

SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS. 

(a) Purposes.— Section 8901(2) of title 40, United States Code, 
is amended by striking "Columbia;" and inserting "Columbia ana 



Commemorative 

Works 

Clarification and 

Revision Act of 

2003. 

40 use 101 note. 



40 use 8901 
note. 



96 



117 STAT. 1350 PUBLIC LAW 108-126— NOV. 17, 2003 

its environs, and to encourage the location of commemorative works 
within the urban fabric of the District of Colvraibia;". 

(b) Definitions. — Section 8902 of title 40, United States Code, 
is amended by striking subsection (a) and inserting the following: 

"(a) Definitions.— In this chapter: 

"(1) Commemorative work. — The term 'commemorative 
work' means any statue, monument, sculpture, memorial, 
plaque, inscription, or other structure or landscape feature, 
including a garden or memorial grove, designed to perpetuate 
in a permanent manner the memory of an individual, group, 
event or other significant element of American history, except 
that the term does not include any such item which is located 
within the interior of a structure or a structure which is pri- 
marily used for other purposes. 

"(2) The district of Columbia and its environs.— The 
term the District of Columbia and its environs' means those 
lands and properties administered by the National Park Service 
and the General Services Administration located in the Reserve, 
Area I, and Area IT as depicted on the map entitled 'Commemo- 
rative Areas Washington, DC and Environs', numbered 869/ 
86501 B, and dated June 24, 2003. 

"(3) Reserve. — The term 'Reserve' means the great cross- 
axis of the Mall, which generally extends from the United 
States Capitol to the Lincoln Memorial, and from the White 
House to the Jefferson Memorial, as depicted on the map ref- 
erenced in paragraph (2). 

"(4) Sponsor. — ^The term 'sponsor* means a pubUc agency, 
or an individual, group or organization that is described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such Code, and which 
is authorized by Congress to establish a commemorative work 
in the District of Columbia and its environs.". 

(c) Authorization.— Section 8903 of title 40, United States 
Code, is amended — 

(1) in subsection (b) — 

(A) by striking "work commemorating a lesser conflict" 
and inserting "work solely commemorating a limited mili- 
tary engagement"; and 

(B) by striking "the event" and inserting "such war 
or conflict , 

(2) in subsection (d) — 

(A) by striking "Consultation with National Cap- 
ital Memorial Commission.—" and inserting "Consulta- 
tion with National Capital Memorial Advisory 
Commission.—"; 

(B) by striking "House Administration" and inserting 
"Resources"; and 

(C) by inserting "Advisory" before "Commission"; and 

(3) by striking subsection (e) and inserting the following: 
"(e) Expiration of Legislative Authority.— Any legislative 

authority for a commemorative work shall expire at the end of 
the seven-year period beginning on the date of the enactment of 
such authority, or at the end of the seven-year period beginning 
on the date of the enactment of legislative authority to locate 
the commemorative work within Area I, if such additional authority 
has been granted, unless — 



97 



PUBLIC LAW 108-126— NOV. 17, 2003 117 STAT. 1351 

"(1) the Secretary of the Interior or the Administrator 
of General Services (as appropriate) has issued a construction 
permit for the commemorative work during that period; or 
"(2) the Secretary or the Administrator (as appropriate), 
in consultation with the National Capital Memorial Advisory 
Commission, has made a determination that — 

"(A) final design approvals have been obtained fi*om 
the National Capital Planning Commission and the 
Coromission of Fine Arts; and 

"(B) 75 percent of the amount estimated to be required 
to complete the commemorative work has been raised. 
If these two conditions have been met, the Secretary or the Adminis- 
trator (as appropriate) may extend the seven-year legislative 
authority for a period not to exceed three additional years. Upon 
expiration of the legislative authority, any previous site and design 
approvals shall also expire.". 

(d) National Capital Memorial Advisory Commission.— Sec- Government 
tion 8904 of title 40, United States Code, is amended— organization. 

(1) in the heading, by inserting "Advisory" before 
"Commission"; 

(2) in subsection (a), by striking "There is a National" 
and all that follows through "consiste of" and inserting the 
following: "There is establisned the National Capital Memorial 
Advisory Commission, which shall be composed of"; 

(3) in subsection (c) — 

(A) by inserting "Advisor/' before "Commission shall"; 
and 

(B) by striking "Services" and inserting "Services (as 
appropriate)"; and 

(4) in subsection (d) by inserting "Advisory" before 
"Commission". 

(e) Site and Design Approval.— Section 8905 of title 40, 
United States Code, is amended — 

(1) in subsection (a) — 

(A) by striking "person" each place it appears and 
inserting; "sponsor"; and 

(B) m paragraph (1) — 

(i) by inserting "Advisory" before "Commission"; 
and 

(ii) by striking "designs" and inserting "design con- 
cepts"; and 

(2) in subsection (b) — 

(A) by striking "Secretary, and Administrator" and 
inserting "and the Secretary or Administrator (as appro- 
priate)"; and 

(B) in paragraph (2XB), by striking, "open space and 
existing public use." and inserting "open space, existing 
pubUc use, emd cultural and naturalresources.". 

(f) Criteria for Issuance of Construction Permit.— Section 
8906 of title 40, United States Code, is amended — 

(1) in subsection (a)(3) and (aX4) by striking "person" and 
inserting "sponsor"; and 

(2) by striking subsection (b) and inserting the following: 
"(b) Donation for Perpetual Maintenance and Preserva- 
tion.— 

"(1) In addition to the criteria described above in subsection 
(a), no construction permit shall be issued unless the sponsor 



98 



117 STAT. 1352 PUBLIC LAW 108-126— NOV. 17, 2003 

authorized to construct the commemorative work has donated 
an amount equal to 10 percent of the total estimated cost 
of construction to offset the costs of perpetual maintenance 
and preservation of the commemorative work. All such amoimts 
shall be available for those purposes pursuant to the provisions 
of this subsection. The provisions of this subsection shall not 
apply in instances when the commemorative work is con- 
structed by a Department or agency of the Federal Government 
and less than 50 percent of the funding for such work is 
provided by private sources. 

"(2) Notwithstanding any other provision of law, money 
on deposit in the Treasury on the date of enactment of the 
Commemorative Works Clarification and Revision Act of 2003 
provided by a sponsor for maintenance pursuant to this sub- 
section shall be credited to a separate account in the Treasury. 

"(3) Money provided by a sponsor pursuant to the provisions 
of this subsection after the date of enactment of the Commemo- 
rative Works Clarification and Revision Act of 2003 shall be 
credited to a separate accoimt with the National Park Founda- 
tion. 

"(4) Upon request of the Secretary or Administrator (as 
appropriate), the Secretary of the Treasury or the National 
Park Foundation shall make all or a portion of such moneys 
available to the Secretary or the Administrator (as appropriate) 
for the maintenance of a commemorative work. Under no cir- 
ciuBstances may the Secretary or Administrator request funds 
fi-om a separate account exceeding the total money in the 
accoimt established under paragraph (2) or (3). The Secretary 
and the Administrator shall maintain an inventory of funds 
available for such purposes. Funds provided under this para- 
graph shall be available without further appropriation and 
shall remain available until expended.". 

(g) Areas I and n.— Section 8908(a) of title 40, United States 
Code, is amended — 

(1) by striking "Secretary of the Interior and Administrator 
of General Services" and inserting "Secretary of the Interior 
or the Administrator of General Services (as appropriate)"; 
and 

(2) by striking "numbered 869/86581, and dated May 1, 
1986" and inserting "entitled 'Commemorative Areas Wash- 
ington, DC and Environs', numbered 869/86501 B, and dated 
June 24, 2003". 

SEC. 204. SITE AND DESIGN CRITERIA. 

Section 8905(b) of title 40, United States Code (as amended 
by section 203(e)), is amended by ad(Ung at the end the following: 

"(5) Museums. — ^No conmiemorative work primarily 
designed as a museum may be located on lands under the 
jurisdiction of the Secretary in Area I or in East Potomac 
Park as depicted on the map referenced in section 8902(2). 

"(6) Site-specific guidelines.— The National Capital Plan- 
ning Commission and the Commission of Fine Arts may develop 
such criteria or guidelines specific to each site that are mutually 
agreed upon to ensure that the design of the commemorative 
work carries out the purposes of this chapter. 



99 



PUBLIC LAW 108-126— NOV. 17, 2003 117 STAT. 1353 

"(7) Donor contributions.— Donor contributions to 
commemorative works shall not be acknowledged in any 
manner as part of the commemorative work or its site.". 

SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES. 40 USC 8901 

Except for the provision in the amendment made by section 
202(b) prohibiting a visitor center from being located in the Reserve 
(as defined in section 8902 of title 40, United States Code), nothing 
in this title shall apply to a conmiemorative work for which a 
site was approved in accordance with chapter 89 of title 40, United 
States Code, prior to the date of enactment of this title. 

SEC. 206. NATIONAL PARK SERVICE REPORTS. Deadline. 

Within 6 months after the date of enactment of this title, 
the Secretary of the Interior, in consultation with the National 
Capital Planning Commission and the Commission of Fine Arts, 
shall submit to the Committee on Energy and Natural Resources 
of the United States Senate, and to the Committee on Resources 
of the United States House of Representatives reports setting forth 
plans for the following: 

(1) To relocate, as soon as practicable after the date of 
enactment of this Act, the NationEil Park Service's stable and 
maintenance facilities that are within the Reserve (as defined 
in section 8902 of titie 40, United States Code). 

(2) To relocate, redesign or otherwise alter the concession 
facilities that are within me Reserve to the extent necessary 
to make them compatible with the Reserve's character. 

(3) To limit the sale or distribution of permitted merchan- 
dise to those areas where such activities are less intrusive 
upon the Reserve, and to relocate any existing sale or distribu- 
tion structures that would otherwise be inconsistent with the 
plan. 

(4) To make other appropriate changes, if any, to protect 
the character of the Reserve. 

Approved November 17, 2003. 



LEGISLATIVE fflSTORY— H.R. 1442: 

HOUSE REPORTS: No. 10&-295 (Coram, on Resources). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

Oct. 15, considered and passed House. 

Nov. 5, considered and passed Senate, amended. 

Nov. 6, House concurred in Senate amendment. 

o 



100 



PUBLIC LAW 108-128— NOV. 17, 2003 



117 STAT. 1355 



Public Law 108-128 
108th Congress 



An Act 



To revise the boundary of the Black Canyon of the Gunnison National Park and 
Gunnison Gorge National Conservation Area in the State of Colorado, and for 
other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Black Canyon of the Gunnison 
Boundary Revision Act of 2003". 

SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK 
BOUNDARY REVISION. 

(a) Boundary Revision.— Section 4(a) of the Black Canyon 
of the Gunnison National Psirk and Gunnison Gorge National Con- 
servation Area Act of 1999 (16 U.S.C. 410m-2ia)) is amended— 

(1) by striking "There" and inserting "(1) There"; and 

(2) by adding at the end the following: 

"(2) The boundary of the Park is revised to include the 
addition of approximately 2,530 acres, as generally depicted 
on the map entitled 'Black Canyon of the Gunnison National 
Park and Gunnison Gorge NCA Boundary Modifications' and 
dated April 2, 2003.". 

(b) Transfer of Administrative Jurisdiction.— On the date 
of enactment of this Act, the Secretary shall transfer the land 
under the jurisdiction of the Bureau of Land Management identified 
as "Tract C" on the map described in subsection (aX2) to the 
administrative jurisdiction of the National Park Service for inclusion 
in the Black Canyon of the Gunnison National Park. 

(c) Conforming Amendment.— Section 5(aXl) of the Black 
Canyon of the Gunnison National Park and Gunnison Gorge 
National Conservation Area Act of 1999 (16 U.S.C. 410fff-3(aXl)) 
is amended by striking "Map" and inserting "Map or the map 
described in section 4(a)(2)". 



Nov. 17, 2003 
[S. 677] 



Black Canyon of 

the Gunnison 

Boundary 

Revision Act of 

2003. 

16 use 410fff 

note. 



16 use 410fir-2 
note. 



101 



117 STAT. 1356 PUBLIC LAW 108-128— NOV. 17, 2003 

SEC. 3. GUNNISON GORGE NATIONAL CONSERVATION AREA 
BOUNDARY REVISION. 

Section 7(a) of the Black Canyon of the Gunnison National 
Park and Gunnison Gorge National Conservation Area Act of 1999 
(16 U.S.C. 410ffr-5(a)) is amended— 

(1) by striking "There" and inserting "(1) There"; and 

(2) by adding at the end the following: 

"(2) The boundary of the Conservation Area is revised 
to include the addition of approximately 7,100 acres, as gen- 
erally depicted on the map entitled 'Black Canyon of the Gunni- 
son National Park and (junnison Gorge NCA Boundary Modi- 
fications', and dated April 2, 2003.". 

SEC. 4. GRAZING PRIVILEGES. 

(a) Transfer of Privileges.— Section 4(e)(1) of the Black 
Canyon of the Gunnison Nationad Park and Gunnison Grorge 
National Area Act of 1999 (16 U.S.C. 410ffr-2(e)(l)) is amended 
by adding at the end the following: 

"(D) If land within the Park on which the grazing 
of livestock is authorized under permits or leases under 
subparagraph (A) is exchanged for private land under sec- 
tion 5(a), the Secretary shall transfer any grazing privileges 
to the land acquired in the exchange.". 
0)) Privileges of Certain Partnerships.— Section 4(eX3) of 
the Black Canyon of the Guimison National Park and Gunnison 
Gorge National Area Act of 1999 (16 U.S.C. 410fff-2(e)(3)) is 
amended — 

(1) by strikin|; "and" at the end of subparagraph (A); 

(2) by redesignating subparagraph (B) as subparagraph 
(D); 

(3) by inserting after subparagraph (A) the following: 

(B) with respect to the permit or lease issued to 
Le Valley Ranch Ltd., for the Uietime of the last surviving 
limited partner as of October 21, 1999; 

"(C) Avith respect to the permit or lease issued to 
Sanburg Herefords, L.L.P., for the lifetime of the last sur- 
viving general partner as of October 21, 1999; and"; and 

(4) in subparagraph (D) (as redesignated by paragraph 
(2))— 

(A) by striking "p£ui;nership, corporation, or" each place 
it appears and inserting "corporation or"; and 

(B) by striking "subparagraph (A)" and inserting "sub- 
paragraphs (A), (B), or (C)". 



102 



PUBLIC LAW 108-128— NOV. 17, 2003 117 STAT. 1357 

SEC. 5. ACCESS TO WATER DELIVERY FACILITIES. 16 USC 410ffr-2 

The Commissioner of Reclamation shall retain administrative 
jurisdiction over the Crystal Dam Access Road and land, facilities, 
and roads of the Bureau of Reclamation in the East Portal area, 
including the Gunnison Tunnel, and the Crystal Dam area, as 
depicted on the map entitled "Black Canyon of the Gunnison 
National Park and Gunnison Gorge NCA Boundary Modifications", 
and dated April 2, 2003, for the maintenance, repair, construction, 
replacement, and operation of any facilities relating to the delivery 
of water and power under the jurisdiction of the Bureau of Reclama- 
tion. 

Approved November 17, 2003. 



LEGISLATIVE fflSTORY— S. 677: 

HOUSE REPORTS: No. 108-344 (Comm. on Resources). 

SENATE REPORTS: No. 108-96 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 149 (2003): 

July 17, considered and passed Senate. 

Nov. 4, considered and passed House. 



o 



103 



117 STAT. 1386 



PUBLIC LAW 108-133~NOV. 22, 2003 



Public Law 108-133 
108th Congress 



Nov. 22, 2003 
[H.R. 3054] 



District of 

Columbia 

Military 

Retirement 

Equity Act of 

2003. 



An Act 



To amend the Policemen and Firemen's Retirement and Disability Act to permit 
military service previously performed by members and former members of the 
Metropolitan Police Department of the District of Columbia, the Fire Department 
of the District of Columbia, the United States Park Police, and the United States 
Secret Service to count as creditable service for purposes of calculating retirement 
annuties payable to such members upon payment of a contribution by such 
members, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "District of Coliimbia Military 
Retirement Equity Act of 2003". 

SEC. 2. PERMITTING INCLUSION OF PREVIOUS MXLITARY SERVICE AS 
CREDITABLE SERVICE FOR CERTAIN DISTRICT OF 
COLUMBIA RETIREES. 

Subsection (cX8) of the Policemen and Firemen's Retirement 
and Disability Act (sec. 5-704(h), D.C. Official Code) is amended — 

(1) by striking "(8) Notwithstanding" and inserting "(SKA) 
Except £is provided in subparagraph (B), notwithstanding"; and 

(2) by adding at the end tne following new subpara^aph: 
"(B)(iXI) Except as provided in subclause (II), and subiect to 

clause (iv), each member or former member who has performed 
military service before the date of the separation on which the 
entitlement to any annuity imder this Act is based may elect 
to retain credit for the service by paying (in accordance with such 
regulations as the Mayor shall issue) to the office by which the 
member is employed (or, in the case of a former member, to the 
appropriate benefits administrator) an amount equal to 7 percent 
of the amount of the basic pay paid under section 204 of title 
37, United States Code, to the member for each period of militarv 
service after December 1956. The amount of sucn payments shall 
be based on such evidence of basic pay for military service as 
the member may provide, or, if the Mayor determines sufficient 
evidence has not been so provided to adequately determine basic 
pay for mUitaiy service, such pa3rment shall be based upon esti- 
mates of such basic pay provided to the Mayor under clause (iii). 
Payment of such amount oy an active member must be completed 
prior to the member's date of retirement or October 1, 2006, which- 
ever is later, for the member to retain credit for the service. 

"(II) In any case where military service interrupts creditable 
service under this subsection and reemployment pursuant to 
chapter 43 of title 38, United States Code, occurs on or after 
August 1, 1990, the deposit payable under this clause may not 



104 



PUBLIC LAW 108-133--NOV. 22, 2003 117 STAT. 1387 

exceed the amount that would have been deducted and withheld 
under this Act from basic pay during the period of creditable service 
if the member had not performed the period of military service. 

"(ii) Any deposit made under clause (i) more than 2 years 
after the later of— 

"(I) October 1, 2004; or 

"(II) the date on which the member making the deposit 

first becomes a member following the period of military service 

for which such deposit is due, 
shall include interest on such amount computed and compounded 
annually beginning on the date of the expiration of the 2-year 
period. The interest rate that is applicable in computing interest 
in any year under this paragraph shall be equal to the interest 
rate that is applicable for such year under paragraph (5XB). 

"(iii) The Secretary of Defense, the Secretary of Transportation, 
the Secretary of Commerce, or the Secretary of Health and Human 
Services, as appropriate, shall furnish such information to the 
Mayor as the Mayor may determine to be necessary for the adminis- 
tration of this subsection. 

"(iv) Eflfective with respect to any period of miUtary service Effective date. 
after November 10, 1996, the percentage of basic pay under section 
204 of title 37, United States Code, payable under clause (i) shall 
be equal to the same percentage as woudd be applicable imder 
subsection (d) of this section for that same period for service as 
a member subject to clause (iXII).". 

SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN 
POLICE AND FIRE RETIREES TO TAKE MILITARY SERVICE 
ADJUSTMENT INTO ACCOUNT. 

(a) In General.— Section 11012 of the National Capital Revital- 
ization and Self-Govemment Improvement Act of 1997 (sec. 1- 
803.02, D.C. Official Code) is amended by adding at the end the 
following new subsection: 

"(f) Treatment of Military Service Credit Purchased by 
Certain Pouce and Fire Retirees.— For purposes of subsection 
(a), in determining the amount of a Federal benefit payment made 
to an officer or member, the benefit payment to which the officer 
or member is entitled under the District Retirement Program shall 
include any amounts which would have been included in the benefit 
payment imder such Program if the amendments made by the 
District of Columbia Military Retirement Equity Act of 2003 had 
taken effect prior to the freeze date.". 

(b) Conforming Amendment.— Section 11003(5) of such Act 
(sec. 1-801.02(5), D.C. Official Code) is amended by inserting "and 
(f)" after "section 11012(e)". 



105 



117 STAT. 1388 PUBLIC LAW 108-133— NOV. 22, 2003 

Applicability. (c) EFFECTIVE DATE. — ^The amendments made by this section 

shall apply with respect to Federal benefit payments made after 
the date of the enactment of this Act. 

Approved November 22, 2003. 



LEGISLATIVE HISTORY— H.R. 3054: 

CONGRESSIONAL RECORD, Vol. 149 (2003): 
Oct. 8, considered and passed House. 
Nov. 11, considered and passed Senate. 

o 



106 



PUBLIC LAW 108-137— DEC. 1, 2003 



117 STAT. 1827 



Public Law 108-137 
108th Congress 



An Act 



Making appropriations for energy and water development for the fiscal year ending 
September 30, 2004, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2004, for energy and water development, and for other purposes, 
namely: 

TITLE I 

DEPARTMENT OF DEFENSE— CIVIL 

DEPARTMENT OF THE ARMY 

Corps of Engineers— Civil 

The following appropriations shall be expended imder the direc- 
tion of the Secretary of the Anny and the supervision of the Chief 
of Engineers for authorized civil functions of the Department of 
the Army pertaining to rivers and harbors, flood control, shore 
protection, aquatic ecosystem restoration, and related purposes. 

GENERAL INVESTIGATIONS 

For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, aquatic ecosystem restoration, and related projects, 
restudy of authorized projects, miscellaneous investigations, and, 
when authorized by law, surveys and detailed studies and plans 
and specifications of projects prior to construction, $116,949,000, 
to remain available until expended: Provided, That for the Ohio 
Riverfront, Cincinnati, Ohio, project, the cost of planning and design 
undertaken by non-Federal interests shall be credited toward me 
non-Federal share of project design costs: Provided further. That 
in conducting the Southwest Valley Flood Damage Reduction Study, 
Albuquerque, New Mexico, the Secretary of the Army, acting 
through the Chief of Engineers, shall include an evaluation of 
flood damage reduction measures that would otherwise be excluded 
from the feasibility analysis based on policies regarding the fire- 
quency of flooding, the drainage areas, and the amount of runoff: 
Provided further. That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use $250,000 for 
preconstruction engineering and design of Waikiki Beach, Oahu, 



Dec. 1, 2003 
[H.R. 2754] 



Energy and 
Water 

Development 
Appropriations 



Approp: 
Act,20( 



04. 



107 



117 STAT. 1828 PUBLIC LAW 108-137— DEC. 1, 2003 

Hawaii, the project to be designed and evaluated, as authorized: 
Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use $100,000 for the continu- 
ation and completion of feasibility studies of Kihei Beach, Maui, 
Hawaii: Provided further, That any recommendations for a National 
Economic Development Plan shall be accepted notwithstemding the 
extent of recreation benefits supporting the project features, in 
view of the fact that recreation is extremely important in sustaining 
and increasing the economic well-being of tne State of Hawaii 
and the nation. 

CONSTRUCTION, GENERAL 

For the prosecution of river and harbor, flood control, shore 
protection, aquatic ecosystem restoration, and related projects 
authorized by law; and detailed studies, and plans and specifica- 
tions, of projects (including those for development vnth participation 
or under consideration for participation by States, local govern- 
ments, or private groups) authorized or made eligible for selection 
by law (but such studies shall not constitute a commitment of 
tne Government to construction), $1,722,319,000, to remain avail- 
able until expended, of which such sums as are necessary to cover 
the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived fix)m 
the Harbor Maintenance Trust Fund as authorized by Public Law 
104-303; and of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived fi-om the Inland Waterways 
Trust Fxmd, for one-half of the costs of construction and rehabihta- 
tion of inland waterways projects, including rehabiUtation costs 
for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 
19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 
Illinois and Missouri; and Lock and Dam 3, Mississippi River, 
Minnesota: Provided, That using $9,280,000 of the fiuias appro- 
priated herein, the Secretary of the Army, acting through the Cnief 
of Engineers, is directed to continue construction of the Dallas 
Floodway Extension, Texas, project, including the Cadillac Heights 
feature, generally in accordance with the Chief of Engineers report 
dated December 7, 1999: Provided further, That the Secretary of 
the Army is directed to accept advance funds, pursuant to section 
11 of the River and Harbor Act of 1926, fi'om the non-Federal 
sponsor of the Los Angeles Harbor, California, project authorized 
by section 101(b)(5) of Public Law 106-541: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $750,000 of the funds provided herein to continue 
construction of the Hawaii Water Management Project: Provided 
further. That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use $2,500,000 of the funds appropriated 
herein to continue construction of the navigation project at 
Kaumalapau Harbor, Hawaii: Provided further. That the Secretary 
of the Army, acting through the Chief of Enmneers, is directed 
to use $6,000,000 of the fvmds provided herein for tiie Dam Safety 
and Seepage/Stability Correction Program to continue construction 
of seepage control features and to design and construct repairs 
to the tamter gates at Waterbury Dam, Vermont: Provided further, 
That the Secretary of the Army, acting through the Chief of Engi- 
neers, is directed to proceed with the construction of the New 
York and New Jersey Harbor project, 60-foot deepening element, 
upon execution of the Project Cooperation Agreement: Provided 



108 



PUBLIC LAW 108-137— DEC. 1, 2003 



117 STAT. 1829 



further. That no funds made available under this Act or any other 
Act for any fiscal year may be used by the Secretary of the Army 
to carry out the construction of the Port Jersey element of the 
New York and New Jersey Harbor or reimbursement to the Local 
Sponsor for the construction of the Port Jersey element until 
commitments for construction of container handling facilities are 
obtained from the non-Federal sponsor for a second user along 
the Port Jersey element: Provided further, That funds appropriated 
in this Act for the preservation and restoration of the Florida 
Everglades shall be made available for expenditure unless: (1) the 
Secretary of the Army, not later than 30 days after the date of 
enactment of this Act, transmits to the State of Florida and the 
Committees on Appropriations of the House of Representatives and 
the Senate a report containing a finding and supporting materials 
indicating that the waters entering the AR.M. Loxahatchee 
National Wildlife Refuge and Everglades National Park do not 
meet the water quality requirements set forth m the Consent Decree 
entered in United States v. South Florida Water Management Dis- 
trict; (2) the State fails to submit a satisfactory plan to bring 
the waters into compHance with the water quality requirements 
within 45 days of the date of the report; (3) the Secretary transmits 
to the State and the Committees a follow-up report containing 
a finding that the State has not submitted such a plan; and (4) 
either the Committee on Appropriations of the House of Representa- 
tives or the Senate issues a written notice disapproving of further 
expenditure of the funds: Provided further. That the Secretary 
of the Army shall provide the State of Florida with notice and 
an opportunity to respond to any determination of the Secretary 
under the preceding proviso before the determination becomes final: 
Provided further, TTiat the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use $17,000,000 of the funds 
appropriated herein to proceed with plaiming, engineering, design 
or construction of the Grundy, Buchanan County, and Dickenson 
Covmty, Virginia, elements of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberland River Project: Provided 
further. That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use $5,400,000 of the funds appropriated 
herein to proceed with the planning, engineering, design or 
construction of the Lower Mingo Coimty, Upper ^ungo County, 
Wayne County, McDowell County, West Virginia, elements of the 
Levisa and Tug Forks of the Big Sandy River and Upper Cum- 
berland River Project: Provided further. That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to continue 
the Dickenson County Detailed Project Report as generally defined 
in Plan 4 of the Huntington District Engineer's Draft Supplement 
to the section 202 General Plan for Flood Damage Reduction dated 
April 1997, including all Russell Fork tributary streams within 
the Coimty and special considerations as may be appropriate to 
address the unique relocations and resettlement needs for the flood 

grone communities within the County: Provided further, That the 
ecretary of the Army, acting through the Chief of Engineers, 
is directed to proceed with the construction of the Seward Harbor, 
Alaska, project, in accordance with the Report of the Chief of 
Engineers, dated June 8, 1999, and the economic justification con- 
tained therein: Provided further. That the Secretary of the Army, 
acting through the Chief of Engineers, is directed and authorized 
to continue the work to replace and upgrade the dam and aU 



Florida. 

Deadline. 

Reports. 



Florida. 
Notice. 



109 



117 STAT. 1868 PUBLIC LAW 108-137— DEC. 1, 2003 

Sec. 503. None of the fiinds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made 
by, or transfer authority provided in, this Act or any other appro- 
priation Act. 

Sec. 504. Clarification of Indemnification To Promote 

Economic Development, (a) Subsection (b)(2) of section 3158 of 

the National Defense Authorization Act for Fiscal Year 1998 (42 

50USC281L U.S.C. 7274q(b)(2)) is amended by adding the following after 

subparagraph (C): 

"(D) Any successor, assignee, transferee, lender, or les- 
see of a person or entity described in subparagraphs (A) 
through (C).". 
Effective date. (b) The amendment made by section 506, as amended by this 

50 use 2811 section, is effective as of the date of enactment of the National 
°''*®- Defense Authorization Act for Fiscal Year 1998. 

This Act may be cited as the "Energy and Water Development 
Appropriations Act, 2004". 

Approved December 1, 2003. 



LEGISLATIVE HISTORY— H.R. 2754 (S. 1424): 

HOUSE REPORTS: Nos. 10&-212 (Comm. on Appropriations) and 108-357 (Comm. 

of Conference). 
SENATE REPORTS: No. 108-105 acconipanying S. 1424 (Comm. on Appropria- 
tions). 
congressional record. Vol. 149 (2003): 

July 18, considered ana passed House. 

Sept. 11, 15, 16, considered and passed Senate, amended, in lieu of S. 1424. 

Sept. 17, further amended in Senate. 

Nov. 18, House and Senate agreed to conference report 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 39 (2003): 

Dec. 1, Presidential statement. 



o 



no 



PUBLIC LAW 108-142— DEC. 2, 2003 



117 STAT. 1875 



Public Law 108-142 
108th Congress 



An Act 



To revise the boundary of the Ka]oko-Honok5hau National Historical Park in the 
State of Hawaii, and for other putposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Kaloko-Honokohau National 
ffistorical Park Addition Act of 2003". 

SEC. 2. ADDITIONS TO KALOKO-HONOKOHAU NATIONAL HISTORICAL 
PARK. 

Section 505(a) of PubUc Law 95-625 (16 U.S.C. 396d(a)) is 
amended — 

(1) by striking "(a) In order" and inserting "(aXl) In order"; 

(2) by striking "1978," and all that follows and inserting 
"1978."; and 

(3) by adding at the end the following new paragraphs: 
"(2) The bomidaries of the park are modified to include 

lands and interests therein comprised of Parcels 1 and 2 
totaling 2.14 acres, identified as Tract A* on the map entitled 
*Kaloko-Honok5hau National Historical Park Proposed 
Boundary Adjustment', numbered PWR (PISO) 466/82,043 and 
dated April 2002. 

"(3) The maps referred to in this subsection shall be on 
file and available for public inspection in the appropriate offices 
of the National Park Service.". 



Dec. 2, 2003 
[S. 254] 



Kaloko- 
Honokohau 
National 
Hifltorical Park 
Addition Act of 
2003. 

16 use 396d 
note. 



Ill 



117 STAT. 1876 PUBLIC LAW 108-142— DEC. 2, 2003 

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this Act. 

Approved December 2, 2003. 



LEGISLATIVE HISTORY- S. 264: 

HOUSE REPORTS: No. 108-296 (Comm. on Resources). 

SENATE REPORTS: No. 108-10 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, Vol. 149 (2003): 

Mar. 4, considered and passed Senate. 

Nov. 18, considered and passed House. 



o 



112 



117 STAT. 2490 



PUBLIC LAW 10&-176— DEC. 12, 2003 



Public Law 108-176 
108th Congress 



Dec. 12, 2003 
[H.E. 2115] 



Vision 100— 

Century of 

Aviation 

Reauthorization 

Act 

49 use 40101 

note. 



An Act 



To amend title 49, United States Code, to reauthorize programs for the Federal 
Aviation Administration, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) Short Title.— This Act may be cited as the "Vision 100— 
Century of Aviation Reauthorization Act". 

(b) Table of Contents.— The table of contents for this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to title 49, United States Code. 

Sec. 3. ^plicability. 

Sec. 4. Fmdings. 

TITLE I— AIRPORT AND AIRWAY IMPROVEMENTS 

Subtitle A— Funding of FAA Programs 

Sec. 101. Airport planning and development and noise compatibility planning and 

programs. 

Sec. 102. Air navigation facilities and e<}uipment. 

Sec. 103. Federal Aviation Administration operations. 

Sec. 104. Funding for aviation programs. 

Sec. 105. Agreements for operation of airport faciUties. 

Sec. 106. Insurance. 



Sec. 
Sec. 
Sec. 
Sec. 



Sec. 
Sec. 
Sec. 

Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 

Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



Subtitle B — Passenger Facility Fees 

121. Low-emission airport vehicles and ground support equipment. 

122. Use of fees to pay debt service. 

123. Streamlining of the passenger fiacility fee program. 

124. Financial management of passenger facility fees. 

Subtitle C — ^AIP Modifications 

141. Airfield pavement. 

142. Replacement of baggage conveyor systems. 

143. Authority to use certain funds for airport security programs and activi- 

ties. 

144. Grant assurances. 

145. Clarification of allowable project costs. 

146. Apportionments to primary airports. 

147. Cargo airports. 

148. Considerations in making discretionary grants. 

149. Flexible funding for nonprimary airport apportionments. 

150. Use of apportioned amounts. 

151. Increase m apportionment for, and flexibility of, noise compatibility plan- 

ning programs. 

152. Pilot program for purchase of airiwrt development rights. 

153. Military airport program. 

154. Airport safety data collection. 

155. Aiiport privatization pflot program. 

156. Innovative financing techmques. 

157. Airport security program. 



113 



PUBLIC LAW 108-176— DEC. 12, 2003 117 STAT. 2491 

Sec. 158. Emission credits for air quality projects. 

Sec. 159. Low-emission airport vehicles and mfrastructure. 

Sec. 160. Compatible land use planning and projects by State and local govern- 
ments. 

Sec. 161. Temporary increase in Government share of certain AIP project costs. 

Sec. 162. Share of airport project costs. 

Sec. 163. Federal share for private ownership of airports. 

Sec. 164. Disposition of land acquired for noise compatibility purposes. 

Sec. 165. Hangar construction grant assurance. 

Sec. 166. Terminal development costs. 

Subtitle D — ^Miscellaneous 

Sec. 181. Design-build contracting. 

Sec. 182. Pilot program for innovative financin|; of air traffic control equipment. 

Sec. 183. Cost sharing of air traffic modernization projects. 

Sec. 184. Facilities and equipment reports. 

Sec. 185. Civil penalty for permanent closure of an airport without providing suffi- 
cient notice. 

Sec. 186. Midway Island Airport. 

Sec. 187. Intermodal planning. 

Sec. 188. Marshall Islands, Micronesia, and Palau. 

Sec. 189. Limitation on ajiproval of certain programs. 

Sec. 190. Conveyance of airport. 

TITLE II— FAA ORGANIZATION 

Subtitle A— FAA Reform 

Sec. 201. Management advisory committee members. 

Sec. 202. Reorganization of the air traffic services subcommittee. 

Sec. 203. Clarification of the responsibilities of the Chief Operating Officer. 

Sec. 204. Deputy Administrator. 

Subtitle B — Miscellaneous 

Sec. 221. Controller staffing. 

Sec. 222. Whistleblower protection under acquisition management system. 

Sec. 223. FAA purchase cards. 

Sec. 224. Procurement. 

Sec. 225. Definitions. 

Sec. 226. Air traffic controller retirement. 

Sec. 227. Desi^ organization certificates. 

Sec. 228. Judicial review. 

Sec. 229. Overflight fees. 

TITLE m— ENVIRONMENTAL PROCESS 

Subtitle A— Aviation Development Streamlining 

Sec. 301. Short titie. 

Sec. 302. Findings. 

Sec. 303. Airport capacity enhancement. 

Sec. 304. Aviation project streamlining. 

Sec. 305. Elimination of duphcative requirements. 

Sec. 306. Construction of certain airport capacity prqjects. 

Sec. 307. Issuance of orders. 

Sec. 308. Limitations. 

Sec. 309. Relationship to other requirements. 

Subtitle B — Miscellaneous 

Sec. 321. Report on long-term environmental improvements. 

Sec. 322. Noise disclosure. 

Sec. 323. Overflights of national parks. 

Sec. 324. Noise exposure maps. 

Sec. 325. Implementation of Chapter 4 noise standards. 

Sec. 326. Reduction of noise and emissions from civiUan aircrafl;. 

Sec. 327. Special rule for airport in Illinois. 

TITLE IV— AIRLINE SERVICE IMPROVEMENTS 

Subtitle A — Small Community Air Service 

Sec. 401. Exemption fix)m hold-in requirements. 

Sec. 402. A^ustments to accoimt for significantly increased costs. 

Sec. 403. Joint proposals. 



114 



117 STAT. 2492 PUBLIC LAW 108-176— DEC. 12, 2003 

Sec. 404. Essential air service authorization. 

Sec. 405. Community and regional choice programs. 

Sec. 406. Code-sharing pilot program. 

Sec. 407. Tracking service. 

Sec. 408. ElAS local participation program. 

Sec. 409. Measurement of nighway miles for purposes of determining eligibility of 

essential air service subsidies. 

Sec. 410. Incentive program. 

Sec. 411. National Commission on Small Community Air Service. 

Sec. 412. Small community air service. 

Subtitle B — Miscellaneous 

Sec. 421. Data on incidents and complaints involving passenger and baggage secu- 
rity screening. 

Sec. 422. Delay reduction actions. 

Sec. 423. Collaborative decisionmaking pilot program. 

Sec. 424. Competition disclosure requu^ment for large and medium hub airports. 

Sec. 425. Slot exemptions at Ronald Reagan Washington National Airport. 

Sec. 426. Definition of commuter aircraft. 

Sec. 427. Airfares for members of the Armed Forces. 

Sec. 428. Air carriers required to honor tickets for suspended service. 

TITLE V— AVIATION SAFETY 

Sec. 501. Counterfeit or fraudulently represented parts violations. 

Sec. 502. Runway safety standards. 

Sec. 503. Civil penalties. 

Sec. 504. Improvement of curriculum standards for aviation maintenance techni- 
cians. 

Sec. 505. Assessment of wake turbulence research and development program. 

Sec. 506. FAA inspector training. 

Sec. 507. Air transportation oversight system plan. 

TITLE VI— AVUTION SECURITY 

Sec. 601. Certificate actions in response to a security threat. 

Sec. 602. Justification for air defense identification zone. 

Sec. 603. Crew training. 

Sec. 604. Study of effectiveness of transportation security system. 

Sec. 605. Airport security improvement projects. 

Sec. 606. Charter security. 

Sec. 607. CAPPS2. 

Sec. 608. Report on passenger prescreening program. 

Sec. 609. Arming cargo pilots against terrorism. 

Sec. 610. Removal of cap on TSA staffing level. 

Sec. 611. Foreign repair stations. 

Sec. 612. Flight training. 

Sec. 613. Deployment of screeners at Kenai, Homer, and Valdez, Alaska. 

TITLE VU— AVIATION RESEARCH 

Sec. 701. Authorization of appropriations. 

Sec. 702. Federal Aviation Aaministration Science and Technology Scholarship Pro- 
gram. 

Sec. 703. National Aeronautics and Space Administration Science and Technology 
Scholarship Program. 

Sec. 704. Research program to improve airfield pavements. 

Sec. 705. Ensuring appropriate standards for airfield pavements. 

Sec. 706. Development of analytical tools and certification methods. 

Sec. 707. Research on aviation training. 

Sec. 708. FAA Center for Excellence for applied research and training in the use 
of advanced materials in transport aircraft. 

Sec. 709. Air Transportation System Joint Planning and Development Office. 

Sec. 710. Next generation air transportation senior policy committee. 

Sec. 711. Rotorcraft research and development initiative. 

Sec. 712. Airport Cooperative Research Program. 

TITLE Vin— MISCELLANEOUS 

Sec. 801. Definitions. 

Sec. 802. Report on aviation safety reporting system. 

Sec. 803. Anchorage air traffic control. 

Sec. 804. Extension of Metropolitan Washington Airports Authority. 

Sec. 805. Improvement of aviation information collection. 



115 



PUBLIC LAW 108-176— DEC. 12, 2003 117 STAT. 2493 

Sec. 806. Qoveniment-financed air transportation. 

Sec. 807. Air carrier citizenship. 

Sec. 808. United States presence in global air cargo industry. 

Sec. 809. Availability of aircraft accident site information. 

Sec. 810. Notice concerning aircraft assembly. 

Sec. 811. Type certificates. 

Sec. 812. Iteciprocal airworthiness certification. 

Sec. 813. International role of the FAA. 

Sec. 814. Flight attendant certification. 

Sec. 815. Air quality in aircraft cabins. 

Sec. 816. Recommendations concerning travel agents. 

Sec. 817. Reimbursement for losses inciirred by general aviation entities. 

Sec. 818. International air show. 

Sec. 819. Report on certain market developments and government policies. 

Sec. 820. International air transportation. 

Sec. 821. Reimbursement of air carriers for certain screening and related activities. 

Sec. 822. Charter airlines. 

Sec. 823. General aviation fUghts at Ronald Reagan Washington National Airport. 

Sec. 824. Review of air carrier compensation. 

Sec. 825. Noise control plan for certain airports. 

Sec. 826. OAO report on airlines' actions to improve finances and on executive com- 
pensation. 

Sec. 827. Private air carriage in Alaska. 

Sec. 828. Report on waivers of preference for buying goods produced in the United 
States. 

Sec. 829. Navigation fees. 

TITLE DC— EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
EXPENDITURE AUTHORITY 

Sec. 901. Extension of expenditure authority. 
Sec. 902. Technical correction to fhght segment. 

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 

Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
49, United States Code. 

SEC. 3. APPUCABILrTY. 49 USC 106 note. 

Except as otherwise specifically provided, this Act and the 
amendments made by this Act shall apply only to fiscal years 
beginning after September 30, 2003. 

SEC. 4. FINDINGS. 49 USC 40101 

Congress finds the following: 

(1) The United States has revolutionized the way people 
travel, developing new technologies and aircraft to move people 
more efficiently and more safely. 

(2) Past Federal investment in aeronautics research and 
development has benefited the economy and national security 
of the United States and the quality of life of its citizens. 

(3) The total impact of civil aviation on the United States 
economy exceeds $900,000,000,000 annually and accoimts for 
9 percent of the gross national product and 11,000,000 jobs 
in the national workforce. Civil aviation products and services 
generate a significant surplus for United States trade accounts, 
and amount to significant numbers of the Nation's highly 
skilled, technologically quahfied work force. 

(4) Aerospace technologies, products, and services underpin 
the advanced capabilities of our men and women in uniform 
and those charged with homeland security. 

(5) Future growth in civil aviation increasingly will be 
constrained by concerns related to aviation system safety and 



116 



PUBLIC LAW 108-176— DEC. 12, 2003 



117 STAT. 2533 



responding to the issues raised by the court in Air Transport 
Association of Canada v. Federal Aviation Administration and 
Administrator, FAA, decided on April 8, 2003, and (2) consults 
with users and other interested parties regarding the consistency 
of the fees established under such section with the international 
obligations of the United States. 

(c) Enforcement.— The Administrator shall take an appro- 
priate enforcement action under subtitle VII of title 49, United 
States Code, against any user that does not pay a fee under section 
45301(a)(1) of such title. 



TITLE III— ENVIRONMENTAL PROCESS 

Subtitle A— Aviation Development 
Streamlining 



Aviation 
Streamlining 
Approval Process 
Act of 2003. 



SEC. 301. SHORT TITLE. 

This title may be cited as "Aviation Streamlining Approval 
Process Act of 2003". 

SEC. 302. FINDINGS. 

Congress finds that — 

(1) airports play a major role in interstate and foreign 
commerce; 

(2) congestion and delays at our Nation's major airports 
have a significant negative impact on our Nation's economy; 

(3) airport capacity enhancement projects at congested Eur- 
ports are a national priority and should be constructed on 
an expedited basis; 

(4) airport capacity enhancement projects must include an 
environmental review process that provides local citizenry an 
opportimity for consideration of and appropriate action to 
address environmental concerns; and 

(5) the Federal Aviation Administration, airport authori- 
ties, communities, and other Federal, State, and local govern- 
ment agencies must work together to develop a plan, set and 
honor milestones and deadlines, and work to protect the 
environment while sustaining the economic vitality that will 
result from the continued growth of aviation. 

SEC. 303. AIRPORT CAPACITY ENHANCEMENT. 

Section 40104 is amended by adding at the end the following: 
"(c) Airport Capacity Enhancement Projects at Congested 
Airports. — ^In carrying out subsection (a), the Administrator shall 
take action to encourage the construction of airport capacity 
enhancement projects at congested airports as those terms are 
defined in section 47176.". 

SEC. 304. aviation PROJECT STREAMLINING. 

(a) In General. — Chapter 471 is amended by inserting after 
subchapter II the following: 



49 use 40101 
note. 



49 use 47171 
note. 



117 



117 STAT. 2540 



PUBLIC LAW 108-176— DEC. 12, 2003 



49 use 471Y1 
note. 



et seq.) and the regulations issued by the Council on Environ- 
mental Quality to carry out such Act. 

SEC. 309. RELATIONSHIP TO OTHER REQUIREMENTS. 

The coordinated review process required under the amendments 
made by this subtitle shall apply to an airport capacity enhancement 
project at a congested airport whether or not the project is des- 
ignated by the Secretary of Transportation as a high-priority 
transportation infrastructure project under Executive Order 13274 
(67 Fed. Reg. 59449; relating to environmental stewardship and 
transportation infrastructure project reviews). 

Subtitle B — ^Miscellaneous 



49 use 40101 
note. 



Deadline. 



49 use 47503 
note. 



SEC. 321. REPORT ON LONG-TERM ENVIRONMENTAL IMPROVEMENTS. 

(a) In General. — ^The Secretary of Transportation, in consulta- 
tion with the Administrator of the National Aeronautics and Space 
Administration, shall conduct a study of ways to reduce aircraft 
noise and emissions and to increase aircraft fuel efficiency. The 
study shall — 

(1) explore new operational procedures for aircraft to 
achieve those goals; 

(2) identify both near-term and long-term options to achieve 
those goals; 

(3) identify infrastructvire changes that would contribute 
to attainment of those goals; 

(4) identify emerging technologies that might contribute 
to attainment of those goals; 

(5) develop a research plan for application of such emerging 
technologies, including new combustor and engine design con- 
cepts and methodologies for designing high bypass ratio tur- 
bofan engines so as to minimize the effects on climate change 
per unit of production of thrust and flight speed; and 

(6) develop an implementation plan for exploiting such 
emerging technologies to attain those goals. 

(b) Report. — ^The Secretary shall transmit a report on the 
study to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure within 1 year after the date 
of enactment of this Act. 

(c) Authorization of Appropriations.— There is authorized 
to be appropriated to the Secretary $500,000 for fiscal year 2004 
to cany out this section. 

SEC. 322. NOISE DISCLOSURE. 

(a) Noise Disclosure System Implementatign Study,— The 
Administrator of the Federal Aviation Administration shall conduct 
a study to determine the feasibility of developing a program under 
which prospective home buyers of property located in the vicinity 
of an airport could be notified of information derived from noise 
exposure maps that may affect the use and enjoyment of the prop- 
erty. The study shall assess the scope, administration, usefiilness, 
and burdensomeness of any such program, the costs and benefits 
of such a program, and whether participation in such a program 
should be voluntary or mandatory, 

(b) PuBuc Availability of Noise Exposure Maps.— The 
Administrator shall make noise exposure and land use information 



118 



PUBLIC LAW 108-176— DEC. 12, 2003 117 STAT. 2541 

from noise exposure maps available to the public via the Internet 
on its website in an appropriate format. 

(c) Noise Exposure Map. — In this section, the term "noise 
exposure map" means a noise exposure map prepared under section 
47503 of title 49, United States Code. 

SEC. 323. OVERFLIGHTS OF NATIONAL PARKS. 

(a) In General.— Section 40128 is amended— 

(1) in subsection (a)(1) by inserting ", as defined by this 
section," after "lands" the first place it appears; 

(2) in subsections (b)(3)(A) and (b)(3)(B) by inserting "over 
a national park" after "operations"; 

(3) in subsection (b)(3XC) by inserting "over a national 
park that are also" after "operations"; 

(4) in subsection (b)(3XD) by striking "at the park" and 
inserting "over a national park"; 

(5) in subsection (b)(3)(E) by inserting "over a national 
park" after "operations" the first place it appears; 

(6) in subsections (cK2)(A)(i) and (c)(2)(B) by inserting "over 
a national park" aft«r "operations"; 

(7) in subsection (f)(1) by inserting "over a national park" 
after "operation"; 

(8) m subsection (f)(4)(A)— 

(A) by striking "commercial air tour operation" and 
inserting "commercial air tour operation over a national 
park"; and 

(B) by striking "park, or over tribal lands," and 
inserting "park (except the Grand Canvon National Park), 

■'■' or over tribal lands (except those witnin or abutting the 

Grand Canyon National Park),"; 

(9) in subsection (f)(4)(B) by inserting "over a national 
park" after "operation"; and 

(10) in the heading for paragraph (4) of subsection (0 
by inserting "OVER A NATIONAL PARiT after "operation". 

(b) Quiet Technology Rulemaking for Air Tours Over 49 use 40128 
Grand Canyon National Park.— oote. 

(1) Deadline for rule.— No later than January 2005, 
the Secretary of Transportation shall issue a final rule to estab- 
Ush standards for quiet technology that are reasonably achiev- 
able at Grand Canyon National Park, based on the Supple- 
mental Notice of Proposed Rulemaking on Noise Limitations 
for Aircraft Operations in the Vicinity of Grand Cemyon 
National Park, published in the Federd Register on March 
24, 2003. 

(2) Resolution of disputes.— Subject to applicable 
administrative law and procedures, if the Secretary determines 
that a dispute among interested parties (including outside 
groups) or government agencies cannot be resolved within a 
reasonable time frame and could delay finali2ung the rule- 
making described in subsection (a), or implementation of final 
standards imder such rule, due to controversy over adoption 
of quiet technology routes, estabUshment of incentives to 
encourage adoption of such routes, establishment of incentives 
to encourage adoption of quite technology, or other measures 
to achieve substantial restoration of natural quiet, the Secretary 
shall refer such dispute to a recognized center for environmental 
conflict resolution. 



119 



117 STAT. 2586 



PUBLIC LAW 108-176— DEC. 12, 2003 



SEC. 712. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

Section 44511 is amended by adding at the end the following 
new subsection: 

"(f) Airport Cooperative Research Program.— 

"(1) Establishment.— The Secretary of Transportation 
shall establish a 4-year pilot airport cooperative research pro- 
gram to — 

"(A) identify problems that are shared by airport oper- 
ating agencies and can be solved through applied research 
but that are not being adequately addressed by existing 
Federal research programs; and 

"(B) fund research to address those problems. 
Establishment. "(2) GOVERNANCE.— The Secretary of Transportation shall 

appoint an independent governing board for the research pro- 
gram established under this subsection. ITie governing board 
shall be appointed from candidates nominated by national 
associations representing public airport operating agencies, air- 

{)ort executives, State aviation officials, and the scheduled air- 
ines, and shall include representatives of appropriate Federal 
agencies. Section 14 of the Federal Advisory Committee Act 
shall not apply to the governing board. 

Contracts. "(3) IMPLEMENTATION.— The Secretary of Transportation 

shall enter into an arrangement with the National Academy 
of Sciences to provide staff support to the governing board 
estabUshed under paragraph (2) and to carry out projects pro- 
posed by the governing board that the Secretary considers 
appropriate. 

Deadline. "(4) REPORT. — ^Not later than 6 months after the expiration 

of the program under this subsection, the Secretary shall 
transmit to the Congress a report on the program, including 
recommendations as to the need for establishing a permanent 
airport cooperative research program.". 

TITLE VIII— MISCELLANEOUS 

SEC. 801. DEFINrnONS. 

(a) In General.— Section 47102 is amended— 

(1) by redesignating paragraphs (19) and (20) as paragraphs 
(24) and (25), respectively; 

(2) by inserting after paragraph (18) the following: 

"(23) 'small hiib airport' means a commercial service airport 
that heis at least 0.05 percent but less than 0.25 percent of 
the passenger boardings. ; 

(3) in paragraph (10) by striking subparagraphs (A) and 
(B) and inserting following: 

"(A) means, unless the context indicates otherwise, 
revenue passenger boardings in the United States in the 
prior calendar year on an aircraft in service in air com- 
merce, as the Secretary determines iinder regulations the 
Secretary prescribes; and 

"(B) includes passengers who continue on an aircraft 
in international flight that stops at an airport in the 48 
contiguous States, Alaska, or Hawaii for a nontraffic pur- 
pose."; 

(4) by redesignating paragraphs (10) through (18) as para- 
graphs (14) through (22), respectively; 



120 



PUBLIC LAW 108-176— DEC. 12, 2003 



117 STAT. 2595 



"(A) does not have an airport operating certificate 
issued under part 139 of title 14, Code of Federal Regula- 
tions (or any subsejjuent similar regulation); or 

"(B) has an airport operating certificate issued under 
part 139 of title 14, Code of Federal Regulations (or any 
subsequent similar regulation) if the airport — 

"(i) is a reliever airport (as defined in section 
47102) and is designated as such in the national plan 
of integrated airports maintained under section 47103; 
and 

"(ii) is located within 20 nautical miles (22 statute 
miles) of 3 or more airports that each annually account 
for at least 1 percent of the total United States pas- 
senger enplanements and at least 2 of which are oper- 
ated by the sponsor of the reliever airport.", 
(b) Waivers.— Section 41104(b) is amended by adding at the 
end the following: 

"(4) Waivers. — ^The Secretary mav waive the application 
of paragraph (IXB) in cases in which the Secretary determines 
that the pubUc interest so requires.". 

SEC. 823. GENERAL AVIATION FLIGHTS AT RONALD REAGAN WASH- 
INGTON NATIONAL AIRPORT. 

(a) Security Plan.— The Secretary of Homeland Security shall 
develop and implement a security plan to permit general aviation 
aircraft to land and take off at Ronald Reagan Washington National 
Auport. 

(b) Landings and Takeoffs.— The Administrator of the Fed- 
eral Aviation Administration shall allow general aviation aircraft 
that comply with the requirements of the security plan to land 
and take off at the Airport except during any period that the 
President suspends the plan developed under subsection (a) due 
to national security concerns. 

(c) Report. — If the President suspends the security plan devel- 
oped under subsection (a), the President shall submit to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infra- 
structure a report on the reasons for the suspension not later 
than 30 days following the first day of the suspension. The report 
may be submitted in classified form. 

SEC. 824. REVIEW OF AIR CARRIER COMPENSATION. 

Not later than 6 months after the date of enactment of this 
Act, the Comptroller General shall submit to Congress a report 
on the criteria and procedures used by the Secretary of Transpor- 
tation under the Air Transportation Safety and System Stabilization 
Act (Public Law 107-42) to compensate air carriers afl«r the ter- 
rorist attack of September 11, 2001, with a particular focus on 
whether it is appropriate— 

(1) to compensate air carriers for the decrease in value 
of their aircraft after September 11, 2001; and 

(2) to ensure that comparable air carriers receive com- 
parable percentages of the maximum compensation payable 
under section 103(bK2) of such Act (49 U.S.C. 40101 note). 

SEC. 826. NOISE CONTROL PLAN FOR CERTAIN AIRPORTS. 

(a) In General.— Notwithstanding chapter 475 of title 49, 
United States Code, or any other provision of law or regulation. 



49 use 41718 
note. 



President. 



Deadline. 
Reports. 



121 



117 STAT. 2596 



PUBLIC LAW 108-176— DEC. 12, 2003 



a sponsor of a commercial service airport that does not own the 
aiiport land and is a party to a long-term lease agreement with 
a Federal agency (other than the Department of Defense or the 
Department of Transportation) may impose restrictions on, or pro- 
hibit, the operation of Stage 2 aircraft weighing less than 75,000 
pounds, in order to help meet the noise control plan contained 
within the lease agreement. A use restriction imposed pursuant 
to this section must contain reasonable exemptions ror pubuc health 
and safety. 

(b) Public Notice and Comment. — Prior to imposing restric- 
tions on, or prohibiting, the operation of Stage 2 aircraft weighing 
less than 75,000 pounds, the airport sponsor must provide reason- 
able notice and the ooportunity to comment on the proposed airport 
use restriction hmited to no more than 90 days. 

(c) Definitions. — In this section, the terms "Stage 2 aircraft" 
and "Stage 3 aircraft" have the same meaning as those terms 
have in chapter 475 of title 49, United States Code. 

49 use 40101 SEC. 826. GAO REPORT ON AIRLINES' ACTIONS TO IMPROVE FINANCES 

note. AND ON EXECUTIVE COMPENSATION. 

(a) Finding. — Congress finds that the United States Govern- 
ment has by law provided substemtial financial assistance to United 
States commercial airlines in the form of war risk insuTEmce and 
reinsurance and other economic benefits and has imposed substan- 
tial economic and regulatory burdens on those airlines. In order 
to determine the economic viability of the domestic commercial 
airline industry and to evaluate the need for additional measures 
or the modification of existing laws, Congress needs more frequent 
information and independently verified information about the finan- 
cial condition of these airlines. 
Deadline. (b) GAO REPORT. — Not later than one year after the date of 

enactment of this Act, the Comptroller Greneral shall prepare a 
report for Congress analyzing the financial condition of the United 
States £urline industry in its efforts to reduce tiie costs, improve 
the earnings and profits and balances of each individual air carrier. 
The report shall recommend steps that the industry should take 
to become financially self-sufficient. 

(c) GAO Authority. — In order to compile the report required 
by subsection (b), the Comptroller General, or any of the Comp- 
troller General's dtdy authorized representatives, shall have access 
for the purpose of audit and exammation to any books, accounts, 
documents, papers, and records of such air carriers that relate 

Certification. to the information required to compile the report. The Comptroller 

General shall submit with the report a certincation as to whether 
the Comptroller General has had access to sufficient information 
to make informed judgments on the matters covered by the report. 

(d) Reports to Congress.— The Comptroller General shall 
transmit the report required by subsection (d) to the Senate Com- 
mittee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transjwrtation and Infi-astruc- 
ture. 

SEC. 827. PRIVATE AIR CARRIAGE IN ALASKA. 

(a) In General. — Due to the demands of conducting business 
within and fix)m the State of Alaska, the Secretary of Transportation 
shall permit, under the operating rules of part 91 of title 14 of 
the Code of Federal Regulations where common carriage is not 
involved, a company, located in the State of Alaska, to organize 



122 



117 STAT. 2598 PUBLIC LAW 108-176— DEC. 12, 2003 

(2) by inserting before the semicolon at the end of subpara- 
graph (A) the following: "or the Vision 100 — Century of Aviation 
Reauthorization Act". 

(b) Conforming Amendment.— Paragraph (2) of section 9502(f) 
of the Internal Revenue Code of 1986 is amended by striking 
"October 1, 2003" and inserting "October 1, 2007". 

SEC. 902. TECHNICAL CORRECTION TO FLIGHT SEGMENT. 

(a) Special Rule.— Section 4261(e)(4) of the Internal Revenue 
26 use 4261. Code of 1986 is amended by adding at the end the following new 
subparagraph: 

"(D) Special rule for amounts paid for domestic 
SEGMENTS BEGINNING AFTER 2002. — If an amount is paid 
during a calendar year for a domestic segment beginning 
in a later calendar year, then the rate of tax under sub- 
section (b) on such amount shall be the rate in effect 
for the calendar year in which such amount is paid.". 
26 use 4261 (b) Effective Date. — ^The amendment made by subsection (a) 

note shall take effect as if included in the provisions of the Taxpayer 

Relief Act of 1997 to which they relate. 

Approved December 12, 2003. 



LEGISLATIVE HISTORY— H.R. 2115 (S. 824): 

HOUSE REPORTS: Nos. 108-143 (Comm. on Transportation and Infrastructur©) 

and 108-240 and 108-334 (both ttom Comm. of Conference). 
SENATE REPORTS: No. 108-41 accompanying S. 824 (Comm. on Commerce, 

Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

June 11, considered and passed House. 

June 12, considered and passed Senate, amended, in lieu of S. 824. 

Oct. 28, House recommitted conference report pursiiant to H. Res. 337. 

Oct. 30, House agreed to conference report. 

Nov. 21, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTML DOCUMENTS, Vol. 39 (2003): 

Dec. 12, Presidential statement. 



o 



123 



PUBLIC LAW 108-190— DEC. 19, 2003 117 STAT. 2867 



Public Law 108-190 
108th Congress 

An Act 

To provide for the exchange of certain lands in the Coconino and Tonto National Dec. 19, 2003 

Forests in Arizona, and for other purposes. {H r 622] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 16 USC 431 note. 

SECTION 1. FINDINGS; PURPOSE. 

(a) Findings. — Congress finds the following: 

(1) Certain private lands adjacent to the Montezuma Castle 
National Monument in Yavapai County, Arizona, are desirable 
for Federal acquisition to protect important riparian values 
along Beaver Creek and the scenic backdrop for the National 
Monument. 

(2) Certain other inholdings in the Coconino National 
Forest are desirable for Federal acquisition to protect important 
public values near Double Cabin Park. 

(3) Approximately 108 acres of land within the Tonto 
National Forest, northeast of Payson, Arizona, are currently 
occupied by 45 residential cabins under special use permite 
from the Secretary of Agriculture, and have been so occupied 
since the mid-1950s, rendering such lands of limited use and 
enjoyment potential for the general public. Such lands are, 
therefore, appropriate for transfer to the cabin owners in 
exchange for lands that will have higher public use values. 

(4) In return for the privatization of such encumbered 
lands the Secretary of Agriculture has been offered approxi- 
mately 495 acres of non-Federal land (known as the Q Ranch) 
within the Tonto National Forest, east of Young, Arizona, in 
an area where the Secretary has completed previous land 
exchanges to consolidate public ownership of Nationed Forest 
lands. 

(5) The acquisition of the Q Ranch non-Federal lands by 
the Secretary will greatly increase Nationed Forest management 
efficiency and promote public access, use, and enjoyment of 
the area and surrounding National Forest System lands. 

(b) Purpose. — ^The purpose of this Act is to authorize, direct, 
facilitate, and expedite the consummation of the land exchanges 
set forth herein in accordance with the terms and conditions of 
this Act. 

SEC. 2. DEFINrnONS. 

As used in this Act: 

(1) Dpsha.— The term "DPSHA" means the Diamond Point 
Summer Homes Association, a nonprofit corporation in the 
State of Arizona, 



124 



117 STAT. 2868 



PUBLIC LAW 108-190— DEC. 19, 2003 



Applicability. 



(2) Federal land.— The term "Federal land" means land 
to be conveyed into non-Federal ownership under this Act. 

(3) Flpma.— The term "FLPMA" means the Federal Land 
PoUcy Management Act of 1976 (43 U.S.C. 1701 et seq.). 

(4) Mcjv.— The term "MCJV" means the Montezuma Castle 
Land Exchange Joint Venture Partnership, an Arizona Partner- 
ship. 

(5) Non-federal land.— The term "non-Federal land" 
means land to be conveyed to the Secretary of Agriculture 
under this Act. 

(6) Secretary. — The term "Secretary" means the Secretary 
of Agriculture, unless otherwise specified. 

SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. 

(a) Land Exchange. — Upon receipt of a binding offer from 
MCJV to convey title acceptable to the Secretary to the land 
described in subsection (b), the Secretary shall convey to MCJV 
all right, title, and interest of the United States in and to the 
Federal land described in subsection (c). 

(b) Non-Federal Land. — ^The land described in this subsection 
is the following: 

(1) The approximately 157 acres of land adjacent to the 
Montezuma Castle National Monument, as generally depicted 
on the map entitled "Montezuma Castle Contiguous Lands", 
dated May 2002. 

(2) Certain private land within the Coconino National 
Forest, Arizona, comprising approximately 108 acres, as gen- 
erally depicted on the map entitled "Double Cabin Park Lands", 
dated September 2002. 

(c) Federal Land.— The Federal land described in this sub- 
section is the approximately 222 acres in the Tonto National Forest, 
Arizona, and surveyed as Lots 3, 4, 8, 9, 10, 11, 16, and 17, 
and Tract 40 in section 32, Township 11 North, Range 10 East, 
Gila and Salt River Meridian, Arizona. 

(d) Equal Value Exchange.— The values of the non-Federal 
and Federal land directed to be exchanged under this section shall 
be equal or equalized as determined by the Secretary through 
an appraisal performed by a qualified appraiser mutually agreed 
to by the Secretary and MCJV and performed in conformance 
with the Uniform Appraisal Standards for Federal Land Acquisi- 
tions (U.S. Department of Justice, December 2000), and section 
206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal, 
the Secretary shall delete Federal lots from the conveyance to 
MCJV in the following order and priority, as necessary, until the 
values of Federal and non-Federal land are within the 25 percent 
cash equalization limit of section 206(b) of FLPMA (43 U.S.C. 
1716(b)): 

(1) Lot 3. 

(2) Lot 4. 

(3) Lot 9. 

(4) Lot 10. 

(5) Lot 11. 

(6) Lot 8. 

(e) Cash Equalization. — ^Any difference in value remaining 
after compliance with subsection (d) shall be equalized by tiie 
payment of cash to the Secretary or MCJV, as the circumstances 
dictate, in accordance with section 206(b) of FLPMA (43 U.S.C. 



125 



PUBLIC LAW 108-190— DEC. 19, 2003 



117 STAT. 2869 



1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known 
as tlie "Sisk Act") shall, without further appropriation, apply to 
an^ cash equalization pajmaent received by the United States under 
this section. 

SEC. 4. DIAMOND POINT-Q RANCH LAND EXCHANGE. 

(a) In General. — ^Upon receipt of a binding offer from DPSHA 
to convey title acceptable to the Secretary to the land described 
in subsection (b), the Secretary shall convey to DPSHA all right, 
title, and interest of the United States in emd to the land descnbed 
in subsection (c). 

(b) Non-Federal Land. — The land described in this subsection 
is the approximately 495 acres of non-Federal land generally 
depicted on the map entitled "Diamond Point Exchange — Q Ranch 
Non-Federal Lands", dated May 2002. 

(c) Federal Land. — ^The Federal land described in this sub- 
section is the approximately 108 acres northeast of Payson, Arizona, 
as generally dfepicted on the map entitled "Diamond Point 
Exchange— Federal Land", dated May 2002. 

(d) Equal Value Exchange.— The values of the non-Federal 
and Federal land directed to be exchanged under this section shall 
be equal or equalized as determined by the Secretary through 
an appraisal performed by a qualified appraiser mutually agreed 
to by the Secretary and DPSHA and m conformance with the 
Uniform Appraisal Standards for Federal Land Acquisitions (U.S. 
Department of Justice, December 2000), and section 206(d) of 
FLPMA (43 U.S.C. 1716(d)). If the values are not equal, they 
shall be equalized by the payment of cash to the Secretary or 
DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)). 
Public Law 90-171 (16 U.S.C. 484a; commonly known as the "Sisk 
Act") shall, without further appropriation, apply to any cash equali- 
zation pajrment received by the United States under this section. 

(e) Special Use Permit Termination.— Upon execution of the 
land exchange authorized by this section, all special use cabin 
permits on the Federal land shall be terminated. 

SEC. 6. MISCELLANEOUS PROVISIONS. 

(a) Exchange Timetable.— Not later than 6 months after the 
Secretary receives an offer under section 3 or 4, the Secretary 
shall execute the exchange under section 3 or 4, respectively, unless 
the Secretary and MCJV or DPSHA, respectively, mutually agree 
to extend sudi deadline. 

(b) Exchange Processing.— Prior to executing the land 
exchanges authorized by this Act, the Secretary shall perform any 
necessary land surveys and required preexchange clearances, 
reviews, and approvals relating to threatened and endangered spe- 
cies, cvdtural and historic resources, wetlands and floodplains and 
hazardous materials. If 1 or more of the Federal land parcels 
or lots, or portions thereof, cannot be transferred to MCJV or 
DPSHA due to hazardous materials, threatened or endangered spe- 
cies, cultiu'al or historic resources, or wetland and flood plain prob- 
lems, the parcel or lot, or portion thereof, shall be deleted from 
the exchange, and the values of the lands to be exchanged adjusted 
in accordance with subsections (d) and (e) of section 3 or section 
4(d), as appropriate. In order to save administrative costs to the 
United States, the costs of performing such work, including the 
appraisals required pursuant to this Act, shall be paid by MCJV 
or DPSHA for the relevant property, except for the costs of any 



Applicability. 



Deadline. 



126 



117 STAT. 2870 PUBLIC LAW 108-190— DEC. 19, 2003 

such work {including appraisal reviews and approvals) that the 
Secretary is required or elects to have performed by employees 
of the Department of Agriculture. 

(c) Federal Lajto Reservations and Encumbrances.— The 
Secretary shall convey the Federal land under this Act subject 
to valid existing rights, including easements, rights-of-way, utility 
lines and any other valid encumbrances on the Federal land as 
of the date of the conveyance under this Act. If applicable to 
the land conveyed, the Secretary shall also retain any right of 
access as may be required by section 120(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980 
(42 U.S.C. 9620(h)) for remedial or corrective action relating to 
hazardous substances as may be necessary in the future. 

(d) Administration of Acquired Land.— The land acquired 
by the Secretary pursuant to this Act shall become part of the 
Tonto or Coconino National Forest, as appropriate, and be adminis- 
tered as such in accordance with the laws, rules, and regulations 
generally appUcable to the National Forest System. Such land may 
be made available for domestic Uvestock grazing if determined 
appropriate by the Secretary in accordance with the laws, rules, 
and regulations applicable thereto on National Forest System land. 

(e) Transfer of Land to National Park Service.— Upon 
their acqviisition by the United States, the "Montezuma Castle 
Contiguous Lands" identified in section 3(b)(1) shall be transferred 
to the administrative jurisdiction of the National Park Service, 
and shall thereafter be permanently incorporated in, and adminis- 
tered by the Secretary of the Interior as part of, the Montezuma 
Castle National Monument. 

Approved December 19, 2003. 



legislative mSTORY— H.R. 622 

senate REPORTS: No. 10&-137 (Comm. on Energy and Natural Resources). 
congressional record, Vol. 149 (2003): 

Apr. 1, considered and passed House. 

Nov. 24, considered ana passed Senate, amended. 

Dec. 8, House concurred in Senate amendments. 



o 



127 



PUBHC LAW 108-192— DEC. 19, 2003 117 STAT. 2873 



Public Law 108-192 
108th Congress 

An Act 

To establish the Carter G. Woodson Home National Historic Site in the District Dec. 19, 2003 



of Columbia, and for other purposes. (jj jj 10121 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, Carter G. 

Woodson Home 
SECTION 1, SHORT TITLE. National Historic 

Site Act. 
This Act may be cited as the "Carter G. Woodson Home 16 USC 461 note. 

National Historic Site Act". 

SEC. 2. DEFINITIONS. 

As used in this Act: 

(1) Carter g. woodson home.— The term "Carter G. 
Woodson Home" means the property located at 1538 Ninth 
Street, Northwest, in the District of Columbia, as depicted 
on the map. 

(2) Historic site.— The term "historic site" means the 
Carter G. Woodson Home National Historic Site. 

(3) Map. — ^The term "map" means the map entitled "Carter 
G. Woodson Home National Historic Site", numbered 876/ 
82338-A and dated July 22, 2003. 

(4) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

SEC. 3. CARTER G. WOODSON HOME NATIONAL HISTORIC SITE. 

(a) Establishment. — ^Upon acquisition by the Secretary of the 
Carter G. Woodson Home, or interests therein, the Secretaj^ shall 
establish the historic site as a unit of the National Park System 
by publication of a notice to that effect in the Federal Register. 

(b) ADDITIONS TO HISTORIC SiTE.— 

(1) In GENERAL. — ^The Secretary may acquire any of the 
3 properties immediately nortii of the Carter G. Woodson Home 
located at 1540, 1542, and 1544 Ninth Street, Northwest, 
described on the map as "Potential Additions to National His- 
toric Site", for addition to the historic site. 

(2) Boundary revision.— Upon the acquisition of any of 
the properties described in paragraph (1), the Secretary shall 
revise the boundaries of the historic site to include the property. 

(c) Availability of Map. — ^The map shall be available for public 
inspection in the appropriate offices of the National Park Service, 
Department of the Interior. 

(d) Acquisition Authority. — The Secretary may acquire the 
Carter G. Woodson Home or any of the properties described in 
subsection (b)(1), including interests therein, and any improvements 



128 



117 STAT. 2874 



PUBLIC LAW 108-192— DEC. 19, 2003 



to the land by donation, purchase from a willing seller with donated 
or appropriated funds, or exchange. 

(e) Administration.— (1) The Secretary shall administer the 
historic site in accordance with this Act and with laws generally 
apphcable to units of the National Park System, including the 
Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 
21, 1935 (16'U.S.C. 461 et seq.). 
Deadline. (2) GENERAL MANAGEMENT PLAN.— The Secretary shall prepare 

a general management plan for the historic site not later than 
three years after the date on which funds are made available 
for that purpose. 

SEC. 4. COOPERATIVE AGREEMENTS. 

(a) In General. — ^The Secretary may enter into cooperative 
agreements with public or private entities to provide public 
interpretation and education of African-American heritage m the 
Shaw area of the District of Columbia. 

(b) Rehabilitation. — In order to achieve cost efBciencies in 
the restoration of properties within the historic site, the Secretary 
may enter into an agreement with pubUc or private entities to 
restore and rehabilitate the Carter G. Woodson Home and other 
properties within the boimdary of the historic site, subject to such 
terms and conditions as the Secretary deems necessary. 

(c) Agreement With the Association for the Study of 
African-American Life and History.— In order to reestaWish the 
historical connection between the Carter G. Woodson Home and 
the association Dr. Woodson founded, and to facilitate interpretation 
of Dr. Woodson's achievements, the Secretary may enter into an 
agreement with The Association for the Study of African-American 
Life and History that allows the association to use a portion of 
the historic site for its own administrative purposes. Such agree- 
ment shall ensure that the association's use of a portion of the 
historic site is consistent with the administration of the historic 
site, including appropriate pubhc access and rent, and such other 
terms and conditions as the Secretary deems necessary. 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved December 19, 2003. 



LEGISLATIVE HISTORY— H.R. 1012: 

senate REPORTS: No. 108-138 (Coram, on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 

May 14, considered and passed House. 

Nov. 24, considered and passed Senate, amended. 

Dec. 8, House concurred in Senate amendment. 



o 



129 



117 STAT. 2896 



PUBLIC LAW 108-196— DEC. 19, 2003 



Public Law lOS-196 
108th Congress 



Dec. 19, 2003 
[S. 1683] 



Federal Law 
Enforcement Pay 
and Benefits 
Parity Act of 
2003. 
Inter- 
governmental 
relations. 
5 use 101 note. 



Deadline. 



An Act 



5 use 3371 note. 



To provide for a report on the parity of pay and benefits among Federal law 
enforcement officers and to establish an exchange program between Federal law 
enforcement employees and State and local law enforcement employees. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be dted as the "Federal Law Enforcement Pay 
and Benefits Parity Act of 2003". 

SEC. 2. LAW ENFORCEMENT PAY AND BENEFITS PARITY REPORT. 

(a) Definition. — In this section, the term "law enforcement 
officer" means an individual — 

dXA) who is a law enforcement officer defined under sec- 
tion 8331 or 8401 of title 5, United States Code; or 

(B) the duties of whose position include the investigation, 
apprehension, or detention of individuals suspected or convicted 
of offenses against the criminal laws of the United States; 
and 

(2) who is employed by the Federal Government. 

(b) Report.— Not later than April 30, 2004, the Office of Per- 
sonnel Management shall submit a report to the iVesident of the 
Senate and tne Speaker of the House of Representatives and the 
appropriate committees and subcommittees of Congress that 
includes — 

(1) a comparison of classifications, pay, and benefits among 
law enforcement officers across the Federal CJovemment; and 

(2) recommendations for ensuring, to the maximum extent 
practicable, the elimination of dispanties in classifications, pay 
and benefits for law enforcement officers throughout the Fed- 
eral Government. 

SEC. 3. EMPLOYEE EXCHANGE PROGRAM BETWEEN FEDERAL 
EMPLOYEES AND EMPLOYEES OF STATE AND LOCAL 
GOVERNMENTS. 

(a) Definitions. — In this section— 

(1) the term "employing agency" means the Federal, State, 
or local government agency wim which the participating 
employee was employed before an assignment under the Pro- 
gram; 

(2) the term "participating employee" means an employee 
who is participating in the Program; and 

(3) the term "Program" means the employee exchange pro- 
gram established under subsection (b). 



130 



PUBLIC LAW 108-196— DEC. 19, 2003 117 STAT. 2897 

(b) Establishment. — The President shall establish an employee President, 
exchange program between Federal agencies that perform law 
enforcement functions and agencies of State and local governments 

that perform law enforcement functions. 

(c) Conduct of Program.— The Program shall be conducted 
in accordance with subchapter VI of chapter 33 of title 5, United 
States Code. 

(d) Qualifications. — ^An employee of an employing agency who 
performs law enforcement functions may be selected to participate 
m the Program if the employee — 

(1) has been employed by that employing agency for a 
period of more than 3 years; 

(2) has had appropriate training or experience to perform 
the work required oy the assignment; 

(3) has had an overall rating of satisfactory or higher 
on performance appraisals from the employing agency during 
the 3-year period before being assigned to another agency under 
this section; and 

(4) agrees to return to the employing agency after com- 
pleting the assignment for a period not less than the length 
of the assignment. 

(e) Written Agreement. — ^An employee shall enter into a writ- 
ten agreement regarding the terms and conditions of the assignment 
before beginning the assignment with another agency. 

Approved December 19, 2003. 



LEGISLATIVE HISTORY— S. 1683: 

senate REPORTS: No. 108-207 (Comm. on Goveromental Affairs). 
congressional record. VoL 149 (2003): 

Nov. 25, considered and passed Senate. 

Dec. 8, considered and passed House. 
WEEKLY compilation OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): 

Dec. 19, Presidential statement. 



o 



131 



PUBLIC LAW 108-199-JAN. 23, 2004 118 STAT. 3 



Public Law 108-199 
108th Congress 

An Act 

Making appropriations for Agriculture, Rural Development, Food and Drug Adminis- , _„ -j^.- 
tration, and Related Agencies for the fiscal year ending September 30, 2004, ***' ' 



and for other purposes. liLR. 2673] 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, Consolidated 

^— ^™, , . ^,»^^._ ,.„^^ « Appropriations 

SECTION 1. SHORT TITLE. Act, 2004. 

This Act may be cited as the "Consolidated Appropriations 
Act, 2004". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, POOD AND DRUG AD- 
MINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 
2004 

Title I — ^Agricultural Programs 

Title n — Conservation Programs 

Title ni — Rural Development Programs 

Title rV — Domestic Food Programs 

Title V — Foreign Assistance and Related Programs 

Title VI — ^Related Agencies and Food and Drug Administration 

Title VII — General Provisions 

DIVISION B— COMMERCE, JUSTICE, Al^TO STATE, THE JUDICIARY, AND 
RELATED AGENCIES APPROPRIATIONS, 2004 

Title I — Department of Justice 

Title II — ^Department of Commerce and Related Agencies 

Title ni— The Judiciary 

Title IV — Department of State smd Related Agency 

Title V — Related Agencies 

Title VI — General Provisions 

Title VII — Rescissions 

Title VUI— Alaskan Fisheries 

DIVISION C— DISTRICT OF COLUMBIA APPROPRIATIONS, 2004 

Title I— Federal Funds 

Title II— District of Columbia Funds 

Title III— DC School Choice Incentive Act of 2003 

Title IV — General Provisions 

DIVISION D— FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
PROGRAMS APPROPRIATIONS, 2004 

Title I — ^Export and Investment Assistance 
Title II — Bilateral Economic Assistance 
Title III — Military Assistance 
Title IV — ^Multilateral Economic Assistance 



132 



118 STAT. 4 



PUBLIC LAW 108-199-JAN. 23, 2004 



1 use 1 note. 



Agriculture, 
Rural 

Development, 
Food and Drug 
Administration, 
and Related 
Agencies 
Appropriations 
Act, 2004. 



Title V — General Provisions 

Title VI— Millennium Challenge Act of 2003 

DIVISION E— LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, 
AND RELATED AGENCIES APPROPRIATIONS, 2004 

Title I — Department of Labor 

Title II — ^Department of Health and Human Services 

Title III — Department of Education 

Title rV — ^Related Agencies 

Title V — General Provisions 

DIVISION F— TRANSPORTATION, TREASURY, AND INDEPENDENT 
AGENCIES APPROPRIATIONS. 2004 

Title I — Department of Transportation 
Title n — ^Department of the Treasury 

Title III — ^Executive Office of the Resident and Funds Appropriated to the Presi- 
dent 
Title rV — ^Independent Agencies 
Title V — General Provisions 
Title VI — General Provisions — ^Departments, Agencies, and Corporations 

DIVISION G— VETERANS AFFAIRS AND HOUSING AND URBAN 
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS, 2004 

Title I — ^Department of Veterans Affairs 

Title II — ^Department of Housing and Urban Development 

Title III — Independent Agencies 

Title IV — General Provisions 

Title V — Pesticide Products and Fees 

DIVISION H— MISCELLANEOUS APPROPRL^TIONS AND OFFSETS 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to "this 
Act" contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 

DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, 
FOOD AND DRUG ADMINISTRATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2004 



An Act 

Making appropriations for Agriculture, Rural Development, Food and Drug Adminis- 
tration, and Related Agencies for the fiscal year ending September 30, 2004, 
and for other purposes. 

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2004, and for 
other purposes, namely: 



133 



118 STAT. 226 



PUBLIC LAW 108-199-JAN. 23, 2004 



Deadline. 



Departments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related Agencies 
Appropriations 
Act, 2004. 



Department of 
Labor 

Appropriations 
Act, 2004. 



(2) Notification. — ^The Corporation shall notify the appro- 
priate congressional committees not less than 15 days prior 
to an allocation or transfer of funds pursuant to paragraph 
(1). 

This di\dsion may be cited as the "Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004". 

DIVISION E— DEPARTMENTS OF LABOR, HEALTH AND 
HUMAN SERVICES, AND EDUCATION, AND RELATED 
AGENCIES APPROPRIATIONS, 2004 



An Act 

Making appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending September 30, 
2004, and for other purposes. 

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Departments of 
Labor, Health and Human Services, and Education, and related 
agencies for the fiscal year ending September 30, 2004, and for 
other pxirposes, namely: 

TITLE I— DEPARTMENT OF LABOR 

Employment and Training Administration 

TRAINING and EMPLOYMENT SERVICES 

For necessary expenses of the Workforce Investment Act of 
1998, including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other facih- 
ties, and the purchase of real property for training centers as 
authorized by the Workforce Investment Act of 1998; $2,697,654,000 
plus reimbursements, of which $1,666,473,000 is available for 
obligation for the period July 1, 2004 through June 30, 2005; 
except that amovmts determined by the Secretary of Labor to be 
necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act 
shall be available from October 1, 2003 imtil expended; of which 
$1,000,965,000 is available for obUgation for the period April 1, 
2004 through Jxme 30, 2005, to carry out chapter 4 of the Workforce 
Investment Act of 1998; and of which $30,216,000 is available 
for the period July 1, 2004 through June 30, 2()07 for necessary 
expenses of construction, rehabilitation, and acquisition of Job Corps 
centers: Provided, That notwithstanding any other provision of law, 
of the funds provided herein under section 137(c) of the Workforce 
Investment Act of 1998, $276,608,000 shall be for activities 
described in section 132(a)(2)(A) of such Act and $1,180,152,000 
shall be for activities described in section 132(a)(2)(B) of such Act: 
Provided further, That fimds provided to carry out section 
132(aX2)(A) of the Workforce Investment Act may be used to provide 
assistance to a State for state-wide or local use in order to address 
cases where there have been worker dislocations across multiple 
sectors or across multiple local areas and such workers remain 
dislocated; coordinate the State workforce development plan with 



134 



118 STAT. 266 PUBLIC LAW 108-199^JAN. 23, 2004 

in the Federal needs analysis toethodology, as prescribed by the 
Secretary on May 30, 2003 (68 Fed. Reg. 32473). 
Deadline. Sec. 306. The Secretary of Education shall treat as timely 

filed an application under section 8003 of the Elementary and 
Secondary Education Act of 1965 from the local educational agency 
for Hydaburg, Alaska, for a payment for fiscal year 2004, and 
shall process such application for payment, if the Secretary has 
received the fiscal yeeir 2004 application not later than 30 days 
after the date of enactment of this Act. 

This title may be cited as the "Department of Education Appro- 
priations Act, 2004". 

TITLE IV— RELATED AGENCIES 

Armed Forces Retirement Home 

For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the Armed Forces Retirement Home — 
Washington and the Armed Forces Retirement Home — Gulfport, 
to be paid from funds available in the Armed Forces Retirement 
Home Trust Fund, $65,279,000, of which $1,983,000 shall remain 
avculable until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home — Washington 
and the Armed Forces Retirement Home — Gulfport. 

Corporation for National and Community Service 

domestic volunteer service programs, operating expenses 

For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic 
Volunteer Service Act of 1973, as amended, $356,443,000: Provided, 
That none of the funds made available to the Corporation for 
National and Community Service in this Act for activities author- 
ized by section 122 of part C of title I and part E of title II 
of the Domestic Volunteer Service Act of 1973 shall be used to 
provide stipends or other monetary incentives to volunteers or 
volunteer leaders whose incomes exceed 125 percent of the national 
poverty level. 

Corporation for Pubuc Broadcasting 

For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which 
shall be available within limitations specified by that Act, for the 
fiscal year 2006, $400,000,000: Provided, That no funds made avail- 
able to the Corporation for Public Broadcasting by this Act shall 
be used to pay for receptions, parties, or similar forms of entertain- 
ment for Government officials or employees: Provided further, That 
none of the funds contained in this paragraph shall be available 
or used to aid or support any program or activity from which 
any person is excluded, or is denied benefits, or is discriminated 
against, on the basis of race, color, national origin, religion, or 
sex: Provided further, That for fiscal year 2004, in addition to 
the amounts provided above, $50,000,000 shall be for costs related 



135 



PUBLIC LAW 108-199-JAN. 23, 2004 118 STAT. 267 

to digital program production, development, and distribution, associ- 
ated with the transition of public oroadcasting to digital broad- 
casting, to be awarded as determined by the Corporation in con- 
sultation with public radio and television licensees or permittees, 
or their designated representatives: Provided further. That for fiscal 
year 2004, in addition to the amounts provided above, $10,000,000 
shaD be for the costs associated with implementing the first phase 
of the next generation interconnection system. 

Federal Mediation and Conciliation Service 

salaries and expenses 

For expenses necessary for the Federal Mediation and Concilia- 
tion Service to carry out the functions vested in it by the Labor 
Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183), 
incluchng hire of pjissenger motor vehicles; for expenses necessary 
for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 
175a); and for expenses necessary for the Service to carry out 
the fimctions vested in it by the CivU Service Reform Act, Pubhc 
Law 95-454 (5 U.S.C. ch. 71), $43,385,000, including $1,500,000, 
to remain available through September 30, 2005, for activities 
authorized by the Labor-Management Cooperation Act of 1978 (29 
U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees 
charged, up to full-cost recovery, for special training activities and 
other conflict resolution services and technical assistance, including 
those provided to foreign governments and international organiza- 
tions, and for arbitration services shall be credited to and merged 
with this account, and shall remain available until expended: Pro- 
vided further, That fees for arbitration services shall oe available 
only for education, training, and professional development of the 
agency workforce: Provided further, That the Director of the Service 
is authorized to accept and use on behalf of the United States 
gifts of services and real, personal, or other property in the aid 
of any projects or functions within the Director's jurisdiction. 

Federal Mine Safety and Health Review Commission 

salaries and expenses 

For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $7,774,000. 

Institute of Museum and Library Services 

For carrying out the Museum and Library Services Act of 
1996, $262,596,000, to remain available until expended: Provided, 
That of the amovmt provided, $125,000 shall be awarded to the 
Alabama School of Math and Science at the University of Alabama 
for technology upgrades and library resources, $50,000 shall be 
awarded to the Alaska Moving Image Preservation Association, 
Anchorage, Alaska, to digitize files/photos/videos of Alaskan history, 
$25,000 shall be awarded to the Alex Haley House Museum, 
Henning, Tennessee, for care and preservation of collection, 
$500,000 shall be awarded to the Allen County Historical Society, 
Lima, Ohio, for the "Move Our Past Forward" project to expand 
and develop exhibits for their Children's Discovery Museum Center, 
$75,000 shall be awarded to the Allentown Art Museum, Allentown, 



136 



118 STAT. 270 PUBLIC LAW 108-199— JAN. 23, 2004 

$250,000 shall be awarded to the Metropolitan Museum of Art, 
New York, in coiyunction with the Fairbanks Museum of Art and 
the Anchorage Museum of History and Art, for costs of mounting 
the exhibit and for costs associated with brin^;in^ the exhibit to 
Alaska, $350,000 shall be awarded to the Michigan Space and 
Science Center, Jackson, Michigan, for development of the strategic 
plan, operational costs and personnel, $450,000 shall be awarded 
to the Mississippi Department of Archives and History, Jackson, 
Mississippi, to complete the preservation and restoration of the 
Eudora Welty House, $75,000 shall be awarded to the Mobile 
Museum of Art, Mobile, Alabama, for equipment and supplies, 
and for exhibit design and development, $100,000 shall be awarded 
to the Morehouse College Library, Atlanta, Georgia, for historical 
preservation of documents and records, $100,000 shall be awarded 
to the Mother Bethel Foundation, Philadelphia, Pennsylvania, for 
care and preservation of collection at the Richard Allen Museum, 
$225,000 shall be awarded to the Museum of Aviation Foundation 
Inc., Warner Robins, Georgia, $250,000 shall be awarded to the 
Museum of Broadcast Communications, Chicago, Illinois, for edu- 
cational programming, $1,000,000 shall be awarded to the Museum 
of Science in Boston, Massachusetts, for technology upgrades and 
equipment for the National Center for Technology Literacy, 
$100,000 shall be awarded to the Mystic Seaport, the Museum 
of America and the Sea, Mystic, Connecticut, to support collections, 
$50,000 shall be awarded to the National Canal Museum, Easton, 
Pennsylvania, for educational programming and exhibits on the 
use of transportation and industrial technology along the Lehigh 
Canal, $400,000 shall be awarded to the National Center for Amer- 
ican Revolution, Wayne, Pennsylvania, for exhibit design and cur- 
riculum development for the Museum of the American Revolution 
at Valley Forge National Historic Park, $50,000 shall be awarded 
to the National Center for the Study of Civil Rights and African- 
American Culture, Alabama State University, Montgomeiy, Ala- 
bama, for support of events leading into tne 50th anniversary 
of the Montgomery Bus Boycott, $500,000 shall be awarded to 
the National Civil Rights Museum in Memphis for exhibit design 
and development, and for educational programs, $16,000 shall be 
awarded to the National Distance Running Hall of Fame, Utica, 
New York, for display cases and to establish new interactive dis- 
plays, $500,000 shall be awarded to the National Liberty Museum, 
Philadelphia, Pennsylvania, for a teacher training program to assist 
educators in addressing violence in schools, $650,000 shall be 
awarded to the National Mississippi River Museum and Aauarium 
in Dubuque, Iowa for exhibits, $200,000 shall be awarded to the 
National Museimi of American Jewish History, Philadelphia, 
Pennsylvania, for online educational programming and technology 
modernization, $1,000,000 shall be awarded to the National 
Museum of Women in the Arts, Washington, D.C., $1,000,000 shall 
be awarded to the Native American Cultural and Educational 
Authority, Oklahoma City, Oklahoma, for the Oklahoma Native 
American Culture Center and Museum, to be expended only upon 
meeting the matching requirements in title IH, section 301(b)(2)(B) 
of Public Law 107-331, $300,000 shall be awarded to the Negro 
Leagues Baseball Museum, Kansas City, Missouri, for exhibits for 
the Double Play Action Center, $400,000 shall be awarded to the 
New York Botanical Garden's Virtual Herbarium imaging project 
in Bronx, New York, $900,000 shall be awarded to the New York 



137 



PUBLIC LAW 108-199— JAN. 23, 2004 



118 STAT. 279 



DIVISION F— DEPARTMENTS OF TRANSPORTATION AND 
TREASURY, AND INDEPENDENT AGENCIES APPRO- 
PRIATIONS ACT, 2004 



Transportation, 
Treasury, and 
Independent 
Agencies 
Appropriations 
Act, 2004. 



An Act 

Making appropriations for the Departments of Transportation and Treasury, and 
independent agencies for the fiscal year ending September 30, 2004, and for 
other purposes. 

That the following sums are appropriated, out of £iny money in 
the Treasury not otherwise appropnated, for the Departments of 
Transportation and Treasury ana independent agencies for the 
fiscal year ending September 30, 2004, and for other purposes, 
namely: 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

salaries and expenses 

For necessary expenses of the Office of the Secretary, 
$80,903,000, of which not to exceed $2,210,000 shall be available 
for the immediate Office of the Secretary; not to exceed $700,000 
shall be available for the unmediate Office of the Deputy Secretary; 
not to exceed $15,403,000 shall be available for the Office of the 
General Counsel; not to exceed $12,312,000 shall be available for 
the Office of the Under Secretary of Transportation for Pohcy; 
not to exceed $8,536,000 shall be available tor the Office of the 
Assistant Secretary for Budget and Programs; not to exceed 
$2,300,000 shall be available for the Office of the Assistant Sec- 
retary for Governmental Affairs; not to exceed $24,612,000 shall 
be available for the Office of the Assistant Secretary for Administra- 
tion; not to exceed $1,915,000 shall be available for the Office 
of Public Affairs; not to exceed $1,447,000 shall be available for 
the Office of the Executive Secretariat; not to exceed $700,000 
shall be available for the Board of Contract Appeals; not to exceed 
$1,268,000 shall be available for the Office of Small and Disadvan- 
taged Business Utilization; not to exceed $2,000,000 for the Office 
of Intelligence and Security; and not to exceed $7,500,000 shall 
be available for the Office of the Chief Information Officer: Provided, 
That the Secretary of Transportation is authorized to transfer funds 
appropriated for aiw office of the Office of the Secretary to any 
other office of the Office of the Secretary: Provided further, That 
no appropriation for any office shall be increased or decreased 
by more than 5 percent by all such treuisfers: Provided further. 
That any change in funding greater than 5 percent shall be sub- 
mitted for approval to the House and Senate Conunittees on Appro- 
priations: Provided further, That not to exceed $60,000 shall be 
for allocation within the Department for official reception and rep- 
resentation expenses as the Secretary may determine: Provided 
further. That notwithstanding any other provision of law, excluding 



138 



118 STAT. 340 PUBLIC LAW 108-199-^AN. 23, 2004 

Law 101-12), as amended. Public Law 103-424, and the Uniformed 
Services Employment and Reemployment Act of 1994 (Public Law 
103-353), including services as authorized by 5 U.S.C. 3109, pay- 
ment of fees and expenses for witnesses, rental of conference rooms 
in the District of Columbia and elsewhere, and hire of passenger 
motor vehicles; $13,504,000. 

United States Postal Service 
payment to the postal service fund 

For payment to the Postal Service Fund for revenue forgone 
on free and reduced rate maU, pursuant to subsections (c) and 
(d) of section 2401 of title 39, United States Code, $65,521,000, 
of which $36,521,000 shall not be available for obligation until 
October 1, 2004: Provided, That mail for overseas voting and mail 
39 use 403 note, for the blind shall continue to be free: Provided further, That 
6-day delivery and rural delivery of mail shall continue at not 
less than the 1983 level: Provided further. That none of the funds 
made available to the Postal Service by this Act shall be used 
to implement any rule, regulation, or pohcy of charging any officer 
or employee of any State or local child support enforcement agency, 
or any individual participating in a State or local procram of child 
support enforcement, a fee for information requested or provided 
concerning an address of a postal customer: Provided further. That 
none of the funds provided m this Act shall be used to consoUdate 
or close small rural and other small post offices in fiscal year 
2004. 

United States Tax Court 
salaries and expenses 

For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $40,187,000: Provided, 
26 use 7443 That travel expenses of the judges shall be paid upon the written 

"ote. certificate of the j udge . 

White House Commission on the National Moment of 
Remembrance 

For necessary expenses of the White House Commission on 
the National Moment of Remembrance, $250,000. 

TITLE V— GENERAL PROVISIONS 

This Act 

(including transfers of funds) 

Sec. 501. During the current fiscal year applicable appropria- 
tions to the Department of Transportation shall be available for 
maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department busi- 
ness; and uniforms, or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902). 



139 



PUBLIC LAW 108-199-^AN. 23, 2004 



118 STAT. 347 



Sec. 544. Amendments to Oklahoma City National Memo- 
rial Act of 1997. (a) Short Title.— This section may be cited 
as the "Oklahoma City National Memorial Act Amendments of 
2003". 

(b) Foundation Defined; Conforming Amendment.— Section 

3 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 
450SS-1) is amended — 

(1) bv redesignating paragraphs (1), (2), and (3) as para- 
graphs (2), (3), and (4), respectively; 

(2) by inserting immediately preceding paragraph (2) (as 
so redesignated by paragraph (1) of this subsection) the fol- 
lowing new paragrapn: 

"(1) Foundation.— The term 'Foundation' means the Okla- 
homa City National Memorial Foundation, a not-for-profit cor- 
poration that is — 

"(A) described in section 501(c)(3) of the Internal Rev- 
enue Code of 1986; 

"(B) exempt from taxation under section 501(a) of such 
Code; and 

"(C) dedicated to the support of the Memorial."; and 

(3) in paragraph (3), by striking "designated under section 
5(a)". 

(c) Administration of Memorial by Foundation.— Section 

4 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 
450s8-2) is amended — 

(1) in subsection (a) — 

(A) by striking "a imit" and inserting "an affiliate"; 
and 

(B) by striking the second sentence; 

(2) by reaesignating subsection (b) as subsection (c); 

(3) by inserting after subsection (a) the following new sub- 
section: 

"(b) Administration of Memorial.— The Foundation shall 
administer the Memorial in accordance with this Act and the gen- 
eral objectives of the 'Memorial Mission Statement*, adopted March 
26, 1996, by the Foundation."; and 

(4) in subsection (c) (as so redesignated by paragraph (2) 
of this subsection) by striking "1997 (hereafter" and all that 
follows through the final period and inserting "1997. The map 
shall be on file and available for pubHc inspection in the appro- 
priate office of the Foundation.". 

(d) Transfer of Memorial Property, Rights, Authorities, 
and Duties. — Section 5 of the Oklahoma City National Memorial 
Act of 1997 (16 U.S.C. 450ss-3) is amended to read as follows: 

"SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, 
AND DUTIES. 

"(a) Transfer of Memorial Property.— 

"(1) In general.— Not later than 90 days after the date 
of the enactment of the Oklahoma City National Memorial 
Act Amendments of 2003, the Trust shall transfer to the 
Foundation — 

"(A) all assets of the Trust, including all real and 

Eersonal property of the Memorial, any appurtenances, 
uildings, facilities, monuments, contents, artifacts, con- 
tracts and contract rights, accounts, deposits, intangibles, 
trademarks, trade names, copyrights, all other intellectual 



Oklahoma City 

National 

Memorial Act 

Amendments of 

2003. 

16 use 45088 

note. 



Deadline. 



140 



118 STAT. 348 



PUBLIC LAW 108-199-^AN. 23, 2004 



Deadline. 
Notification. 



16 use 450fl»-4 
note. 



16 use 45088-3 
note. 



property, all other real and personal property of every 
kind and character comprising the Memorial, and any 
amounts appropriated for the Trust; 

"(B) any property owned by the Trust that is adjacent 
or related to the Memorial; and 

"(C) all property maintained for the Memorial, together 
with all rights, authorities, and duties relating to the 
ownership, administration, operation, and management of 
the Memorial. 

"(2) Subsequent gifts. — ^Any artifact, memorial, or other 
personal property that is received by, or is intended by any 
person to be given to, the Trust after the date of transfer 
of property imder paragraph (1) shall be the property of the 
Foundation. 

"(b) Assumption of Trust Obligations.— Any obligations of 
the Trust relating to the Memorial that have been approved by 
the Trust before the date on which the property is transferred 
under subsection (a) shall become the responsibility of the Founda- 
tion on the date of the transfer. 

"(c) Dissolution of Trust.— Not later than 30 days after the 
transfer imder subsection (a) is completed — 
"(1) the Trust shall be dissolved; and 

"(2) the Trust shall notify the Secretary of the date of 
dissolution. 

"(d) Authority to Enter Into Agreements.— The Secretary, 
acting through the National Park Service, is authorized to enter 
into 1 or more cooperative agreements with the Foundation for 
the National Park Service to provide interpretive services related 
to the Memorial and such other assistance as may be agreed upon 
between the Secretary and the Foundation. The costs of the services 
and other agreed assistance shall be paid by the Secretary. 

"(e) General Services Administration Authority.— The 
Adnunistrator of General Services shall provide, on a non-reimburs- 
able basis, services necessary for the facilitation of the transfer 
of the Memorial to the Foundation. 

"(f) Limitation.— Nothing in this Act shall prohibit the use 
of State and local law enforcement for the purposes of security 
related to the Memorial.". 

(e) Repeal of Duties and Authorities of Trust,— 

(1) In general.— Section 6 of the Oklahoma City National 
Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed. 

(2) Effective date. — ^The repeal under this subsection 
shall take effect upon the transfer of the Memorial property, 
rights, authorities, and duties pursuant to the amendments 
made by subsection (d). 

(f) Authorization of Appropriations.— Section 7 of the Okla- 
homa City National Memorial Act of 1997 (16 U.S.C. 450s&-5) 
is amended — 

(1) in paragraph (1), by inserting "for an endowment fund 
subject to paragraph (2)" after "the sum of $5,000,000"; and 

(2) in paragraph (2)— 

(A) by striking "Trust or to the Oklahoma City Memo- 
rial"; and 

(B) by striking "or operation" and inserting "operation, 
or endowment". 

(g) Authorization of Secretary to Reimburse Previous 
Costs Paid by Foundation or Trust.— To the extent that funds 



141 



PUBLIC LAW 108-199-JAN. 23, 2004 118 STAT. 349 

are made available for the Trust, the Secretary of the Interior 
shall reimbiirse the Oklahoma City National Memorial Foundation 
for funds obligated or expended by the Oklahoma City National 
Memorial Foundation or the Oklahoma City National Memorial 
Trust to the Secretary of the Interior for interpretive services, 
security, and other costs and services related to the Oklahoma 
City National Memorial before the date of the enactment of this 
Act. The Oklahoma City National Memorial Foundation may use 
such reimbtu"sed funds for the operation, maintenance, and perma- 
nent endowment of the Oklahoma City National Memorial. 

(h) Repeal of Disposition of Site of Alfred P. Murrah 
Federal Building.— Section 8 of the Oklahoma City National 
Memorial Act of 1997 (16 U.S.C. 4508S-6) is repealed. 

(i) Repeal of Study Requirement.— Section 9 of the Oklahoma 
City National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed. 

Sec. 545. Notwithstanding any other provision of law, the 
vinobligated balance of funds made available to the District of 
Columbia under item 70 in the table contained in section 1106(bX2) 
of the Intermodal Surface Transportation Efficiency Act of 1991 
(Public Law 102-240; 105 Stat. 2047) and the unobhgated balance 
of funds made available to the District of Columbia under item 
554 of the table contained in section 1602 of the Transportation 
Equity Act for the 21st Century (Public Law 105-178, as amended; 
112 Stat. 277) shall be made available to carry out a project for 
the replacement of the existing bridge on Kenilworth Avenue over 
Ntmnie Helen Burroughs Avenue and for a ferry and ferry fadlity 
project on the Anacostia River. 

Sec. 546. Section 345(6), division I, of Public Law 108-7 is in Stat. 418. 
amended by adding at the end of the section the following "In 
implementing section 345(6) the Secretary may also modify the 
permitted uses of draws on the lines of credit to include any repair 
and replacement costs.". 

Sec. 547. Notwithstanding any other provision of law, projects 
and activities described in the statement of managers accompanying 
this Act under the headings "Federal-Aid Highways" and *Tederai 
Transit Administration" shall be eligible for fiscal year 2004 funds 
made available for the program for which each project or activity 
is so designated and prpiects and activities under the heading 
"Job Access and Reverse Conmiute Grants" shall be awarded those 
grants upon receipt of an application. 

TITLE VI— GENERAL PROVISIONS 

Departments, Agencies, and Corporations 

Sec. 601, Fvmds appropriated in this or any other Act may 
be used to pay travel to the United States for the immediate 
family of employees serving abroad in cases of death or life threat- 
ening illness of said employee. 

Sec. 602. No department, agency, or instrumentality of the 
United States receiving appropriated funds imder this or any other 
Act for fiscal year 2004 shall obligate or expend any such funds, 
unless such department, agency, or instrumentaMty has in place, 
and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from the 
illegal use, possession, or distribution of controlled substances (as 



142 



118 STAT. 434 PUBLIC LAW 108-199— JAN. 23, 2004 

"(2) Minimum amount of appropriations. 

"(3) Use of fees. 

"(4) Compliance. 

"(5) Subsequent authority. 
"(e) Reforms to reduce decision time review periods, 
"(f) Decision time review periods. 

"(1) In general. 

"(2) Report. 

"(3) Applications subject to decision time review periods. 

"(4) Start of decision time review period. 

"(5) Extension of decision time review period, 
"(g) Judicial review. 

"(1) In general. 

"(2) Scope. 

"(4) Rememes. 
"(h) Accounting, 
"(i) Auditing. 

"(1) Financial statements of agencies. 

"(2) (Components. 

"(3) Inspector General 
"(j) Personnel levels, 
"(k) Reports. 

"(1) In general. 

"(2) Contents. 
"(1) Savings clause, 
"(m) Termination of effectiveness. 

"(1) In general. 

"(2) Phase out. 
"Sec. 34. Severability. 
"Sec. 35. Authorization for appropriations.". 

7 use 136a note. (h) EFFECTIVE DATE. — Except as otherwise provided in this 

section and the amendments made by this section, this section 
and the amendments made by this section take effect on the date 
that is 60 days after the date of enactment of this Act. 

This division may be cited as the "Departments of Veterans 
Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2004". 

Miscellaneous DIVISION H— MISCELLANEOUS APPROPRIATIONS AND 

Aporopriations OFFSETS 

ana Offsets Act, 

^°^ (INCLUDING RESCISSIONS OF FUNDS) 

(INCLUDING TRANSFERS OF FUNDS) 

That the following sxmis are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely: - 

Sec. 101. Section 1241(aX3) of the Food Security Act of 1985 
(16 U.S.C. 3841(a)(3)) is amended by striking ", using" and all 
that follows through "2013". 

Sec. 102. (a) Of the funds appropriated under the heading 
"Emergency Preparedness and Response, Disaster Relief in chapter 
2 of title I of Public Law 108-106, $225,000,000 are rescinded. 

(b) In addition to amounts appropriated in PubUc Law 108- 
108 for "Forest Service, Wildlemd Fire Management" for hazardous 
fuels reduction, hazard mitigation, and rehabihtation activities of 
the Forest Service in southern California, $25,000,000, to remain 
available until expended. 

(c) In addition to amounts aporopriated in Public Law 108- 
108 for "Forest Service, State ana ftivate Forestry" for hazard 
mitigation, fuels reduction, and forest health protection and mitiga- 
tion activities on State and private lands in southern California, 
$25,000,000, to remain available until expended. 



143 



118 STAT. 442 PUBLIC LAW 108-199-JAN. 23, 2004 

Sec. 136. (a) The National Flood Insurance Act of 1968 is 
amended — 

(1) in section 1319 (42 U.S.C. 4026), by striking "December 
31, 2003" and inserting "June 30, 2004."; 

(2) in the first sentence of section 1309(a) (42 U.S.C. 
4016(a)), by striking "December 31, 2003" and inserting "the 
date specified in section 1319"; 

(3) in section 1336(a) (42 U.S.C. 4056(a)), by striking 
"December 31, 2003" and inserting "on the date specified in 
section 1319"; and 

(4) in section 1376(c) (42 U.S.C. 4127(c)), by striking 
"December 31, 2003" and inserting "tJie date specified in section 
1319". 

Effective date. (b) The amendments made by this section shall be considered 

46 use 4016 to have taken effect on December 31, 2003. 

22 n<3r infini Sec. 137. (a) Section 441(c) of the Maritime Transportation 

^te Security Act of 2002 (Public Law 107-295) is amended— 

(1) by striking "and that is not the subject of an action 
prior to June 20, 2002, alleging a breach of subsections (a) 
and (b) of section 10601 as in effect on such date,"; and 

(2) by striking "such subsections" and inserting "sub- 
sections (a) and (b) of section 10601 of title 46, United States 
Code, as in effect prior to November 26, 2002". 

ApplicabiKty. (b) The amendments made by subsection (a) apply to all pro- 

42 use 10601 ceedings pending on or commenced after the date of enactment 
""*«• of this Act. 

Sec. 138. Public Law 108-108 is amended under the heading 
i6USC4i0jij. "Biu-eau of Indian Affairs, Construction" by striking "25 U.S.C. 
2005(a)" and inserting "25 U.S.C. 2005(b)" and by striking "25 
U.S.C. 2505(f)" and inserting "25 U.S.C. 2504(f)". 

Sec. 139. Congaree National Park Boundary Revision, (a) 
In General. — Subsection (c) of the first section of Public Law 
94-545 (90 Stat. 2517; 102 Stat. 2607) is amended by striking 
paragraph (6) and inserting the following: 

"(6) Effect. — ^Nothing in this section — 

"(A) affects the use of private land adjacent to the 
park; 

"(B) preempts the authority of the State with respect 
to the regulation of hunting, fishing, boating, and wildlife 
management on private land or water outside the bound- 
aries of the park; 

"(C) shall negatively affect the economic development 
of the areas surrounding the park; or 

"(D) affects the classification of the park vmder section 
162 of the Clean Air Act (42 U.S.C. 7472).". 
16 use 1132 (b) Designation of Congaree National Park Wilderness. — 

"""te. (X) Designation. — ^The wilderness established by section 

2(a) of the Congaree Swamp National Monimient Expansion 
and Wilderness Act (102 Stat. 2606) and known as the "Con- 
garee Swamp National Monument Wilderness" shall be known 
and designated as the "Congaree National Park Wilderness". 
(2) References.— Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
wilderness referred to in paragraph (1) shall be deemed to 
be a reference to the "Congaree National Park Wilderness". 
Sec. 140. Section 123 of the Department of the Interior and 
117 Stat. 1268. Related Agencies Appropriations Act, 2004 (Public Law 108-108), 



144 



PUBLIC LAW 108-199-JAN. 23, 2004 



118 STAT. 443 



is amended by striking "any other governmental land management 
entity" and inserting "any other land management entity". 

Sec. 141. Effective as of November 18, 2003, section 9 of Public 
Law 100-692 (102 Stat. 4556; 16 U.S.C. 461 note.) is amended 
to read as follows: 

"SEC. 9. TERMINATION OF COMMISSION. 

"The Commission shall terminate on November 18, 2007.". 

Sec. 142. Title IV of PubUc Law 108-108 is amended in section 
403(b)(4) by striking "75-5-703(10)(b)" and inserting "75-5- 
703(10Xc)". 

Sec. 143. PubUc Law 108-108 is amended under the heading 
"Indian Hetdth Service, Indian Health Services" by striking "(d) 
$2,000,000 for the Alaska Federation of Natives sobriety and 
wellness program for competitive merit-based grants:" and inserting 
"(d) $2,000,000 for RuralCap for alcohol treatment and related 
transitional housing for homeless chronic inebriates in Anchorage, 
Alaska:". 

Sec. 144. Public Law 108-108 is hereby amended by adding 
at the end of section 344 the following: 

"(c) Exemptions. — ^The requirements of this section shall not 
apply to amounts in this Act designated as emergency requirements 
pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 
concvirrent resolution on the budget for fiscal year 2004. 

"(d) Indian Land and Water Claim Settlements.— Under 
the heading 'Bureau of Indian Affairs, Indian Land and Water 
Claim Settlements and Miscellaneous Payments to Indians', the 
across-the-board rescission in this section, and any subsequent 
across-the-board rescission for fiscal year 2004, shall apply only 
to the first dollar amount in the paragraph and the distrioution 
of the rescission shall be at the discretion of the Secretary of 
the Interior who shall submit a report on such distribution and 
the rationale therefor to the House and Senate Committees on 
Appropriations.". 

Sec. 145. Theodore Roosevelt National Wildlife Refuge. 
(a) Definitions. — In this section: 

(1) County. — ^The term "county" means each of the coimties 
of Leflore, Holmes, Humphreys, Sharkey, Warren, and Wash- 
ingfton in the State. 

(2) Refuge.— The term "Refuge" means the Theodore Roo- 
sevelt National Wildlife Refuge established under subsection 
(b). 

(3) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

(4) State.— The term "State" means the State of Mis- 
sissippi. 

(b) Establishment.— The Secretary shall establish the Theo- 
dore Roosevelt National Wildlife Refuge, consisting of approximately 
6,600 acres of land that — 

(1) as of the date of enactment of this Act, is owned by 
the United States; 

(2) was formerly in the inventory of the United States 
Department of Agriculture; and 

(3) is located in the counties. 

(c) Map. — ^As soon as practicable after the date of enactment 
of this Act, the Secretary shall prepare a map depicting the bound- 
aries of the Refuge. 



Effective date. 



16 use 461 note. 



117 Stat. 1319. 



117 Stat. 1294. 



117 Stat. 1318. 



Applicability. 
Reports. 



MisBiBsippi. 

16USC668dd 

note. 



145 



PUBLIC LAW 108-199-^AN. 23, 2004 118 STAT. 445 

(3) at the end of paragraph 386(c)(2) by striking the period 
and inserting ", except that the total amount of principm that 
may be guaranteed for a qualified liquefied natural gas project 
may not exceed a principal amount in which the cost of loan 
guarantees, as defined by section 502(5) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds $2,000,000,000."; 
and 

(4) at paragraph 386(g)(4): 

(A) by inserting before the term "consisting" the new 
term "or system"; and 

(B) by inserting between the term "plants" and the 
")" the phrase "Hquification plants and Uquefied natural 
gas tankers for transportation of liquefied natural gas firom 
Southcentral Alaska to the West Coast". 

Sec. 147. Payment of Expenses After the Death of Certain 
Federal Employees in the State of Alaska. Section 1308 of 
the Alaska National Interest Lands Conservation Act (16 U.S.C. 
3198) is amended — 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

"(c) Payment of Expenses After Death of an Employee.— 
"(1) Definition of immediate family member.— In this 
subsection, the term "immediate family member" means a per- 
son related to a deceased employee that was a member of 
the household of the deceased employee at the time of death. 
"(2) Payments. — If an employee appointed under the pro- 
gram established by subsection (a) dies in the performance 
of any assigned duties on or afi^r October 1, 2002, the Secretary 
may— 

"(A) pay or reimburse reasonable expenses, regardless 
of when those expenses are incurred, for the preparation 
and transportation of the remains of the deceased employee 
to a location in the State of Alaska which is selected 
by the surviving head of household of the deceased 
employee; 

"(B) pay or reimburse reasonable expenses, regardless 
of when those expenses are incurred, for transporting 
immediate family members and the baggage and household 
goods of the deceased employee and immediate family mem- 
bers to a community in the State of Alaska which is selected 
by the surviving head of household of the deceased 
employee.". 
Sec. 148. United States Office for Native Hawaiian Rela- 
tions, (a) Establishment.— The sum of $100,000 is appropriated, 
to remain available until expended, for the establishment of the 
Office of Native Hawaiian Relations within the Office of the Sec- 
retary of the Interior. 

(b) Duties.— The Office shall— 

(1) effectuate and implement the special legal relationship 
between the Native Hawaiian people and the United States; 

(2) continue the process of reconciliation with the Native 
Hawaiian people; and 

(3) fully integrate the principle and practice of meaningful, 
regular, and appropriate consultation witn the Native Hawaiian 
people by assuring timely notification of and prior consultation 
with the Native Hawaiian people before any Federal agency 



146 



118 STAT. 446 PUBLIC LAW 108-199-JAN. 23, 2004 

takes any actions that may have the potential to significantly 

aifect Native Hawaiian resources, rights, or lands. 

Sec. 149. Lease of Tribally-owned Land by Assiniboine 

AND Sioux Tribes of the Fort Peck Reservation. The first 

section of the Act of August 9, 1955 (25 U.S.C. 415), is amended 

by adding at the end the following: 

"(g) Lease of Tribally-Owned Land by Assiniboine and 

Sioux Tribes of the Fort Peck Reservation.— 

"(1) In general. — ^Notwithstanding subsection (a) and any 
regulations under part 162 of title 25, Code of Federal Regula- 
tions (or any successor regulation), subject to paragraph (2), 
the Assiniboine and Sioux Tribes of the Fort Peck Reservation 
may lease to the Northern Border Pipeline Company tribally- 
owned land on the Fort Peck Indian Reservation for 1 or 
more interstate gas pipelines. 

"(2) Conditions. — A lease entered into under paragraph 

(1)- 

"(A) shall commence during fiscal year 2011 for an 
initial term of 25 years; 

"(B) may be renewed for an additional term of 25 
years; and 

"(C) shall specify in the terms of the lease an annual 
rental rate — 

"(i) which rate shall be increased by 3 percent 
per year on a cumulative basis for each 5-year period; 
and 

"(ii) the adjustment of which in accordance with 
clause (i) shall be considered to satisfy any review 
reqxiirement under part 162 of title 25, Code of FederiEd 
Regulations (or any successor regulation).". 
Fern Lake Sec. 150. (a) Short Title. This Act may be cited as the 

Conservation and "Fern Lake Conservation and Recreation Act". 
&*£" ^^ Findings and Purposes.— 

Tennessee. (D FINDINGS. — The Congress finds the following: 

16 use 268a. (A) Fem Lake and its surrounding watershed in Bell 

County, Kentucky, and Claiborne County, Tennessee, is 
within the potential bovmdaries of Cumberland Gap 
National Historical Park as originally authorized by the 
Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et 
seq.). 

(B) The acquisition of Fem Lake and its surrounding 
watershed and its inclusion in Cumberland Gap National 
Historical Park would protect the vista from Pinnacle Over- 
look, which is one of the park's most valuable scenic 
resources and most popular attractions, and enhance rec- 
reational opportunities at the park. 

(C) Fem Lake is the water supply source for the city 
of Middlesboro, Kentucky, and environs. 

(D) The 4,500-acre Fern Lake watershed is privately 
owned, and the 150-acre lake and part of the watershed 
are cvurently for sale, but the Secretary of the Interior 
is precluded by the first section of the Act of June 11, 
1940 (16 U.S.C. 261), from using appropriated funds to 
acquire the lands. 

(2) Purposes. — ^The purposes of the Act are — 

(A) to authorize the Secretary of the Interior to use 
appropriated funds if necessary, in addition to other 



147 



PUBLIC LAW 108-199-JAN. 23, 2004 118 STAT. 447 

acquisition methods, to acquire from willing sellers Fern 
Lake and its surrounding watershed, in order to protect 
scenic and natural resources and enhance recreational 
opportunities at Cumberland Gap National Historical Park; 
and 

(B) to allow the continued supply of water from Fern 
Lake to the city of Middlesboro, Kentucky, and environs, 
(c) Land Acquisition and Conveyance Authority, Fern 
Lake, Cumberland Gap National Historical Park.— 

(1) DEFlNrnoNS. — In this section: 

(A) Fern lake.— The term 'Tern Lake" means Fern 
Lake located in Bell Covmty, Kentucky, and Claiborne 
County, Tennessee. 

(B) Land. — ^The term "land" means land, water, 
interests in land, and any improvements on the land. 

(C) Park. — ^The term "park" means Ciunberland Gap 
National Historical Park, as authorized and estabUshed 
by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 
261 et seq.). 

(D) Secretary.— The term "Secretary" means the Sec- 
retary of the Interior, acting through the Director of the 
National Park Service. 

(2) Acquisition authorized.— The Secretary may acquire 
for addition to the park lands consisting of approximately 4,500 
acres and containing Fern Lake and its surrounding watershed, 
as generally depicted on the map entitled "Cumberland Gap 
National Ifistorical Park, Fern Lake Watershed", numbered 
380/80,004, and dated May 2001. The map shall be on file 
in the appropriate offices of the National Park Service. 

(3) Boundary adjustment and administration.— Subject 
to paragraph (4), the Secretary shall revise the boimdaries 
of the park to include the land acquired under paragraph 
(2). The Secretary shall administer the acquired lands as part 
of the park in accordance with the laws and regulations 
applicable to the park. 

(4) Conveyance of fern lake.— 

(A) Conveyance required.— If the Secretary acquires 
Fern Lake, the Secretary shall convey, notwithstanding 
any other law and without consideration, to the city of 
Middlesboro, Kentucky, all right, title, and interest of the 
United States in and to Fern Lake, up to the normal 
operating elevation of 1,200.4 feet above sea level, along 
with the dam and eill appurtenances associated with the 
withdrawal and delivery of water from Fern Lake. 

(B) Terms of conveyance. — ^In executing the convey- 
ance under subparagraph (4)(A), the Secretary may retain 
an easement for scenic and recreational purposes. 

(C) Reversionary interest.— In the event Fern Lake 
is no longer used as a sotirce of mimicipal water supply 
for the city of Middlesboro, Kentucky, and its environs, 
ownership of Fern Lake shall revert to the United States 
and it shall be managed by the Secretary as part of the 
park. 

(5) Consultation requirements.— In order to better man- 
age lands acquired under this section in a manner that will 
facilitate the provision of water for municipal needs, as well 



148 



118 STAT. 448 PUBLIC LAW 108-199-JAN. 23, 2004 

as the establishment and promotion of new recreational 
opportunities at the park, the Secretary shall consult with — 

(A) appropriate officials in the States of Kentucky, 
Tennessee, and Virginia, and political subdivisions of these 
States; 

(B) organizations involved in promoting tourism in 
these States; and 

(C) other interested parties. 

Congress. Sec. 151. (a) The Attending Physician to Congress shall have 

2 use I2ig. the authority and responsibility for overseeing and coordinating 

the use of medical assets in response to a bioterrorism event and 
other medical contingencies or public health emergencies occurring 
within the Capitol Buildings or the United States Capitol Grounds. 
This shall include the authority to enact quarantine and to declare 
death. These actions will be carried out in close cooperation and 
communication with the Commissioner of Public Health, Chief Med- 
ical Examiner, and other Public Health Officials of the District 
of Colmnbia pjovemment. 
(b) In this section — 

(1) the term "Capitol Buildings" has the meaning given 
such term in section 5101 of title 40, United States Code; 
and 

(2) the term "United States Capitol Groimds" has the 
meaniiig given such term in section 5102(a) of title 40, United 
States Code. 

Effective date. (c) Subsection (a) shall take effect on the date of the enactment 

Applicability. of this Act and shall apply during any fiscal year occurring on 
or after such date. 

2 use 1820 note. Sec. 152. (a) Notwithstanding section 907(a) of Public Law 

107-206 (116 Stat. 977) or section 1102 of the Legislative Branch 
Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the 
Capitol, at any time after the date of the enactment of this Act 
ana subject to the availability of appropriations, may enter into 
an agreement to acauire by lease any portion of the real property 
located at 499 South Capitol Street Southwest in the District of 
Columbia for the use of the United States Capitol Police. 

(b) Any real property acquired by the Architect of the Capitol 
pursuant to subsection (a) shall be subject to the provisions of 
the Act entitled "An Act to define the area of the United States 
Capitol Grounds, to regulate the use thereof, and for other pur- 
poses", approved July 31, 1946. 

22 use 276n. SeC. 153. THE UNITED STATES SeNATE-CHINA INTERPARLIAMEN- 

TARY Group, (a) Establishment and Meetings.— Not to exceed 
12 Senators shall be appointed to meet aimually with representa- 
tives of the National People's Congress of the People's Republic 
of China for discussion of common problems in the interest of 
relations between the United States and China. The Senators so 
appointed shall be referred to as the "United States group" of 
the United States Senate-China Interparliamentary Group, 

(b) Appointment of Members. — ^The President pro tempore 
of the Senate shall appoint Senators under this section upon the 
recommendations of the majority and minority leaders of the Senate. 
The President pro tempore of the Senate shall designate 1 Senator 
as the Chair of the United States group. 

(c) Funding.— There is authorized to be appropriated $100,000 
for each fiscal year to assist in meeting the expenses of the United 
States group for each fiscal year for which an appropriation is 



149 



PUBLIC LAW 108-199— JAN. 23, 2004 118 STAT. 457 

by the seventh proviso under the heading "Emergency Response 
Fund" in Public Law 107-38. 

(b) ACROSS-THE-BoARD RESCISSIONS.— There is hereby 
rescinded £tn amount equal to 0.59 percent of— 

(1) the budget authority provided (or obligation limitation 
imposed) for fiscal year 2004 for any discretionary accovmt 
in divisions A through H of this Act and in any other fiscal 
year 2004 appropriation Act (except any fiscal year 2004 supple- 
mental appropriation Act, the Department of Defense Appro- 
priations Act, 2004, or the Military Construction Appropriations 
Act, 2004); 

(2) the budget authority provided in any advance appropria- 
tion for fiscal year 2004 for any discretionary accoimt in any 
prior fiscal year appropriation Act; and 

(3) the contract authority provided in fiscal year 2004 for 
any program subject to limitation contained in any division 
or appropriation Act subject to paragraph (1). 

(c) Proportionate Application. — ^Any rescission made by sub- 
section (b) shall be applied proportionately — 

(1) to each discretionary account and each item of budget 
authority described in such subsection; and 

(2) within each such accovmt and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such account or item, 
or for accounts and items not included in appropriation Acts, 
as delineated in the most recently submitted President's 
budget). 

(d) 0MB Report.— Within 30 days afi«r the date of the enact- Deadline, 
ment of this section the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a report speciiying 
the account and amount of each rescission made pursuant to sub- 
section (b). 

This division may be cited as the "Miscellaneous Appropriations 
and Offsets Act, 2004". 

Approved January 23, 2004. 



legislative history— H.R. 2673 (S. 1427): 

HOUSE REPORTS: Nos. 10&-193 (Coram, on Appropriations) and 10&-401 

(Coram, of Conference). 
SENATE REPORTS: No. 108-107 accompanying S. 1427 (Coram, on Appropria- 
tions). 
CONGRESSIONAL RECORD: 

Vol. 149 (2003): July 14, considered and passed House. 

Nov. 5, 6, considered and passed Senate, amended. 
Dec. 8, House agreed to conference report. 
Vol. 150 (2004): Jan. 22, Senate agreed to conference report. 
WEEKLY compilation OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004): 
Jan. 23, Presidential statement. 



o 



150 



118 STAT. 478 PUBUC LAW 108-202— FEB. 29, 2004 



Public Law 108-202 
108th Congress 

An Act 

F h 2Q 2004 '^** provide tin extension of highway, highway safety, motor carrier safety, transit, 
— , . ' — and other programs funded out of the Highway TVust Fund pending enactment 
[H.R. 3850] of a law reauthorizing the Transportation Equity Act for the 2l8t Century. 

Be it enacted by the Senate and House of Representatives of 
Surface the United States of America in Congress assembled. 

Transportation 
Extension Act of SECTION 1. SHORT TITLE. 

23 use 101 note Th^^ Act may be cited as the "Surface Transportation Extension 

Act of 2004". 

SEC. 2. ADVANCES. 

(a) In General. — Section 2(a) of the Surface Transportation 
Extension Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110) is 
amended by inserting "and the Surface Transportation Extension 
Act of 2004" after "as amended by this Act". 

(b) Programmatic Distributions.— 

(1) Administration of funds.— Section 2(b)(3) of such Act 
(117 Stat. 1110) is amended by striking "the amendment made 
under subsection (d)" and inserting "section 1101(c) of the 
Transportation Equity Act for the 21st Century". 

(2) Special rules for minimum guarantee.— Section 
2(b)(4) of such Act is amended by striking "$1,166,666,667" 
and inserting "$1,633,333,333". 

(3) Extension of off-system bridge setaside.— Section 
144(gX3) of title 23, United States Code, is amended by striking 
"February 29" inserting "April 30". 

(c) Authorization of Contract Authority.— Section 
llOl(cXl) of the Transportation Equity Act for the 2l8t Century 
(117 Stat. 1111) is amended by striking "$13,483,458,333 for the 
period of October 1, 2003, through February 29, 2004" and inserting 
^$18,876,841,666 for the period of October 1, 2003, through April 
30, 2004". 

23 use 104 note. (d) LIMITATION ON OBLIGATIONS. — Section 2(e) of the Surface 

Transportation Extension Act of 2003 (117 Stat. 1111) is amended 
to read as follows: 

"(e) LIMITATION on Obugations.— 

"(1) Distribution of obugation authority.— Subject to 
paragraph (2), for the period of October 1, 2003, through April 
30, 2004, the Secretary shall distribute the obligation limitation 
made available for Federal-aid highways and highway safety 
construction programs under the heading *federal-aid high- 
ways' in the Transportation, Treasury, and Independent Agen- 
cies Appropriations Act, 2004 (division F of Puohc Law 108- 
199) in accordance with section 110 of such Act; except that 



151 



PUBLIC LAW 108-202— FEB. 29, 2004 118 STAT. 479 

the amount of obligation limitation to be distributed for such 
period for each program, project, and activity specified in sec- 
tions 110(a)(1), 110(a)(2), 110(aX4), 110(aX5), and 110(g) of 
such Act shall equal the greater of— 

"(A) the funding authorized for such program, project, 

or activity in this Act and the Surface Transportation 

Extension Act of 2004 (including any amendments made 

by this Act and such Act); or 

"(B) yi2 of the funding provided for or limitation set 

on such program, project, or activity in the Transportation, 

Treasury, and Independent Agencies Appropriations Act, 

2004 (Public Law 108-199). 

"(2) Limitation on total amount of authority distrib- 
uted. — ^The total amount of obUgation limitation distributed 
under paragraph (1) for the period of October 1, 2003, through 
April 30, 2004, shall not exceed $19,741,750,000; except that 
this limitation shall not apply to $372,750,000 in obligations 
for minimiun guarantee for such period. 

"(3) Time period for obligations of funds.— After April 
30, 2004, no funds shall be obligated for any Federal-aid high- 
way program project imtil the date of enactment of a law 
reauthorizing the Federal-aid highway program. 

"(4) Treatment of obligations.— Any obligation of obHga- 
tion authority distributed luider this subsection shall be consid- 
ered to be an obligation for Federal-aid highways and highway 
safety construction programs for fiscal year 2004 for the pur- 
poses of the matter imder the heading 'federal-AID HIGHWAYS' 
in the Transportation, Treasury, and Independent Agencies 
Appropriations Act, 2004.". 

SEC. 3. TRANSFERS OF UNOBLIGATED APPORTIONMENTa 

Section 3 of the Surface Transportation Extension Act of 2003 
(117 Stat. 1112-1113) is amended by adding at the end the fol- 
lowing: 

"(e) Prohibition of Transfers.— Notwithstanding any other 
provision of this section, no funds may be transferred after February 
29, 2004, by a State under subsection (a) — 

"(1) froxn amounts apportioned to the State for the conges- 
tion mitigation and air quality improvement program; and 

"(2) from amounts apportioned to the State for the surface 
transportation program and that are subject to any of para- 
graphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United 
States Code.". 

SEC. 4. ADMINISTRATIVE EXPENSES. 

Section 4(a) of the Surface Transportation Extension Act of 
2003 (117 Stat. 1113) is amended by striking "$187,500,000" and 
inserting "$262,500,000". 

SEC. 6. OTHER FEDERAL-AID HIGHWAY PROGRAMS. 

(a) Authorization of Appropriations Under Title I of TEA- 
21.— 

(1) Federal lands highways.— 

(A) Indian reservation roads.— Section 1101(aX8XA) 
of the Transportation Equity Act for the 2l8t Century 
(112 Stat. 112; 117 Stat. 1113) is amended— 

(i) in the first sentence by striking "$114,583,333 
for the period of October 1, 2003, through February 



152 



118 STAT. 480 PUBLIC LAW 108-202— FEB. 29, 2004 

29, 2004" and inserting "$160,416,667 for the period 
of October 1, 2003, through April 30, 2004"; and 

(ii) in the second sentence by striking "$5,416,667" 
and inserting "$7,583,333". 

(B) PuBUC LANDS HIGHWAYS.— Section 1101(aX8)(B) of 
such Act (112 Stat. 112; 117 Stat. 1113) is amended by 
striking "$102,500,000 for the period of October 1, 2003, 
through February 29, 2004" and inserting "$143,500,000 
for the period of October 1, 2003, through April 30, 2004". 

(C) Park roads and parkways.— Section 1101(a)(8)(C) 
of such Act (112 Stat. 112; 117 Stat. 1113) is amended 
by striking "$68,750,000 for the period of October 1, 2003, 
through February 29, 2004" and inserting "$96,250,000 
for the period of October 1, 2003, through April 30, 2004". 

(D) Refuge roads.— Section 1101(a)(8)(D) of such Act 
(112 Stat. 112; 117 Stat. 1113) is amended by striking 
"$8,333,333 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$11,666,667 for the 
period of October 1, 2003, through April 30, 2004". 

(2) National corridor planning and development and 
coordinated border infrastructure programs.— Section 
1101(a)(9) of such Act (112 Stat. 112; 117 Stat. 1114) is 
amended by striking "$58,333,333 for the period of October 
1, 2003, through February 29, 2004" and inserting "$81,666,667 
for the period of October 1, 2003, through April 30, 2004". 

(3) Construction of ferry boats and ferry terminal 
facilities. — 

(A) In general.— Section llOl(aXlO) of such Act (112 
Stat. 113; 117 Stat. 1114) is amended by striking 
"$15,833,333 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$22,166,667 for the 
period of October 1, 2003, through April 30, 2004". 

(B) Set aside for Alaska, new jersey, and Wash- 
ington.— Section 5(aX3)(B) of the Surface Transportation 
Extension Act of 2003 (117 Stat. 1114) is amended— 

(i) in clause (i) by striking "$4,166,667" and 
inserting "$5,833,333"; 

(u) in clause (ii) by striking "$2,083,333" and 
inserting "$2,916,667"; and 

(iii) in clause (iii) by striking "$2,083,333" and 
inserting "$2,916,667". 

(4) National scenic byways program.— Section 
llOl(aXll) of the Transportation Equity Act for the 21st Cen- 
tury (112 Stat. 113; 117 Stat. 1114) is amended by striking 
"$11,458,333 for the period of October 1, 2003, through Feb- 
ruary 29, 2004" and inserting "$16,041,666 for the period of 
October 1, 2003, through April 30, 2004" . 

(5) Value pricing pilot program.— Section 1101(aX12) 
of such Act (112 Stat. 113; 117 Stat. 1114) is amended by 
striking "$4,583,333 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$6,416,667 for the period 
of October 1, 2003, through April 30, 2004". 

(6) Highway use tax evasion projects.— Section 
1101(aX14) of such Act (112 Stat. 113; 117 Stat. 1114) is 
amended by striking "$2,083,333 for the period of October 1, 
2003, through February 29, 2004" and inserting "$2,916,667 
for the period of October 1, 2003, through April 30, 2004". 



153 



PUBLIC LAW 108-202— FEB. 29, 2004 118 STAT. 481 

(7) Commonwealth of Puerto rico highway program.— 
Section 1101(aX15) of such Act (112 Stat. 113; 117 Stat. 1114) 
is amended by striking "$45,833,333 for the period of October 
1, 2003, through February 29, 2004" and inserting "$64,166,867 
for the period of October 1, 2003, through April 30, 2004". 

(8) SAFETY GRANTS.— Section 1212(i)(l)(D) of such Act (23 
U.S.C. 402 note; 112 Stat. 196; 112 Stat. 840; 117 Stat. 1114) 
is amended by striking "$208,333 for the period of October 
1, 2003, through February 29, 2004" and inserting "$291,667 
for the period of October 1, 2003, through April 30, 2004". 

(9) Transportation and community and system 
PRESERVATION PILOT PROGRAM.— Section 1221(e)(1) of such Act 
(23 U.S.C. 101 note; 112 Stat. 223; 117 Stat. 1114) is amended 
by striking "$10,416,667 for the period of October 1, 2003, 
through February 29, 2004" and inserting "$14,583,333 for 
the period of October 1, 2003, through April 30, 2004". 

(10) TRANSPORTATION INFRASTRUCTURE FINANCE AND 
DWOVATION.— Section 188 of title 23, United States Code, is 
amended — 

(A) by striking subsection (a)(lXF) and inserting the 
following: 

"(F) $81,666,666 for the period of October 1, 2003, 
through April 30, 2004."; 

(B) in subsection (a)(2) by striking "$833,333 for the 
period of October 1, 2003, through February 29, 2004" 
and inserting "$1,166,667 for the period of October 1, 2003, 
through April 30, 2004"; and 

(C) in the item relating to fiscal year 2004 in table 
contained in subsection (c) by striking "$1,083,333,333" 
and inserting "$1,516,666,667". 

(b) Authorization of Approprl\tions Under Title V op 
TEA-21.— 

(1) Surface transportation research.— Section 
5001(aXl) of the Transportation Equity Act for the 21st Century 
(112 Stat. 419; 117 Stat. 1115) is amended by striking 
"$43,750,000 for the period of October 1, 2003, through Feb- 
ruary 29, 2004" and inserting "$61,250,000 for the period of 
October 1, 2003, through April 30, 2004". 

(2) Technology deployment program.— Section 
5001(aX2) of such Act (112 Stat. 419; 117 Stat. 1115) is 
amended by striking "$22,916,667 for the period of October 
1, 2003, through February 29, 2004" and inserting "$32,083,334 
for the period of October 1, 2003, through April 30, 2004". 

(3) Training and education.— Section 5001(aX3) of such 
Act (112 Stat. 420; 117 Stat. 1115) is amended by striking 
"$8,750,000 for the period of October 1, 2003, through February 
29, 2004" and inserting "$12,250,000 for the period of October 
1, 2003, through April 30, 2004". 

(4) Bureau of transportation statistics.— Section 
5001(aX4) of such Act (112 Stat. 420; 117 Stat. 1115) is 
amended by striking "$12,916,667 for the period of October 
1, 2003, through February 29, 2004" and inserting "$18,083,333 
for the period of October 1, 2003, through April 30, 2004". 

(5) ITS standards, research, operational tests, and 
development.— Section 5001(a)(5) of such Act (112 Stat. 420; 
117 Stat. 1115) is amended by striking "$47,916,667 for the 
period of October 1, 2003, through February 29, 2004" and 



154 



118 STAT. 482 PUBLIC LAW 108-202— FEB. 29, 2004 

inserting "$67,083,334 for the period of October 1, 2003, through 
April 30, 2004". 

(6) ITS DEPLOYMENT.— Section 5001(aX6) of such Act (112 
Stat. 420; 117 Stat. 1116) is amended by striking "$51,666,667 
for the period of October 1, 2003, through February 29, 2004" 
and inserting "$72,333,334 for the period of October 1, 2003, 
through April 30, 2004". 

(7) University transportation research.— Section 
5001(a)(7) of such Act (112 Stat. 420; 117 Stat. 1116) is 
amended by striking "$11,250,000 for the period of October 
1, 2003, through February 29, 2004" and inserting "$15,750,000 
for the period of October 1, 2003, through April 30, 2004". 

(c) Metropolitan Planning.— Section 5(c)(1) of the Surface 
Transportation Extension Act of 2003 (117 Stat. 1116) is amended 
by striking "$100,000,000 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$140,000,000 for the period of 
October 1, 2003, through April 30, 2004". 

(d) Territories.— Section llOKdXD of the Transportation 
Equity Act for the 21st Century (117 Stat. 1116) is amended by 
striking "$15,166,667 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$21,233,333 for the period of 
October 1, 2003, through April 30, 2004". 

(e) Alaska Highway.— Section 1101(e)(1) of such Act (117 Stat. 
1116) is amended by striking "$7,833,333 for the period of October 
1, 2003, through February 29, 2004" and inserting "$10,966,666 
for the period of October 1, 2003, through April 30, 2004". 

(f) Operation Lifesaver.— Section 1101(f)(1) of such Act (117 
Stat. 1117) is amended by striking "$208,333 for the period of 
October 1, 2003, through February 29, 2004" and inserting 
"$291,667 for the period of October 1, 2003, through April 30, 
2004". 

(g) Bridge Discretionary.— Section 1101(g)(1) of such Act (117 
Stat. 1117) is amended — 

(1) by striking "$41,666,667" and inserting "$58,333,333"; 
and 

(2) by striking "February 29" and inserting "April 30". 
(h) Interstate Maintenance.— Section 1101(h)(1) of such Act 

(117 Stat. 1117) is amended— 

(1) by striking "$41,666,667" and inserting "$58,333,333"; 
and 

(2) by striking "February 29" and inserting "April 30". 
(i) Recreational Trails Administrative Costs.— Section 

1101(i)(l) of such Act (117 Stat. 1117) is amended by striking 
"$312,500 for the period of October 1, 2003, through February 
29, 2004" and inserting "$437,500 for the period of October 1, 
2003, through April 30, 2004". 

(j) Railway-Highway Crossing Hazard Elimination in High 
Speed Rail Corridors.— Section 1101(j)(l) of such Act (117 Stat. 
1118) is amended — 

(1) by striking "$2,187,500" and inserting "$3,062,500"; 

(2) by striking "$104,167" and inserting "$145,833"; and 

(3) by striking "February 29" each place it appears and 
inserting "April 30 . 

(k) Nondiscrimination.— Section llOl(k) of such Act (117 Stat. 
1118) is junended — 

(1) in paragraph (1) by striking "$4,166,667 for the period 
of October 1, 2003, through February 29, 2004" and inserting 



155 



PUBLIC LAW 108-202— FEB. 29, 2004 118 STAT. 483 

"$5,833,333 for the period of October 1, 2003, through April 
30, 2004"; and 

(2) in paragraph (2) by striking "$4,166,667 for the period 
of October 1, 2003, through February 29, 2004" and inserting 
"$5,833,333 for the period of October 1, 2003, through April 
30, 2004". 

(1) Administration of Funds.— Section 5G) of the Surface 
Transportation Extension Act of 2003 (117 Stat. 1118) is amended — 

(1) by inserting "and section 5 of the Surface Transportation 
Extension Act of 2004" after "this section" the first place it 
appears; and 

(2) by inserting "or the amendment made by section 4(a)(1) 
of such Act" before the period at the end. 

(m) Reduction of Allocated Programs.— Section 5(m) of 
such Act (117 Stat. 1119) is amended — 

(1) by inserting "and section 5 of the Surface Transportation 
Extension Act of 2004" after "but for this section"; 

(2) by striking "both"; 

(3) by striking "and by this section" and inserting ", by 
this section, and by section 5 of such Act"; and 

(4) by inserting "and by section 5 of such Act" before 
the period at the end. 

(n) Program Category Reconciliation.— Section 5(n) of such 
Act (117 Stat. 1119) is amended by inserting "and section 5 of 
the Surface Transportation Extension Act of 2004" after "this sec- 
tion". 

SEC. 6. EXTENSION OF HIGHWAY SAFETY PROGRAMS. 

(a) Seat Belt Safety Incentive Grants.— Section 157(gXl) 
of title 23, United States Code, is amended by striking "$46,666,667 
for the period of October 1, 2003, through February 29, 2004" 
and inserting "$65,333,333 for the period of October 1, 2003, through 
April 30, 2004". 

(b) Prevention of Intoxicated Driver Incentive Grants. — 
Section 163(eXl) of such title is amended by striking "$50,000,000 
for the period of October 1, 2003, through February 29, 2004" 
and inserting "$70,000,000 for the period of October 1, 2003, through 
April 30, 2004". 

SEC. 7. SPORT FISHING AND BOATING SAFETY. 

(a) Funding for National Outreach and Communications 
Program. — Section 4(c)(6)of the Dingell-Johnson Sport Fish Res- 
toration Act (16 U.S.C. 777c(c)(6)) is amended to read as follows: 

"(6) $5,833,333 for the period of October 1, 2003, through 
April 30, 2004;". 

(b) Clean Vessel Act Funding. — Section 4(bX4) of such Act 
(16 U.S.C. 777c(bX4)) is amended to read as follows: 

"(4) First 7 months of fiscal year 2004.— For the period 
of October 1, 2003, through April 30, 2004, of the balance 
of each annual appropriation remaining after making the dis- 
tribution under subsection (a), an amount equal to $47,833,333, 
reduced by 82 percent of the amount appropriated for that 
fiscal year firom the Boat Safety Account of the Aquatic 
Resovirces Trust Fvmd established by section 9504 of the 
Internal Revenue Code of 1986 to carry out the purposes of 
section 13106(a) of title 46, United States Code, shall be used 
as follows: 



156 



118 STAT. 484 PUBLIC LAW 108-202— FEB. 29, 2004 

"(A) $5,833,333 shall be available to the Secretary of 
the Interior for 3 fiscal years for obligation for qualified 
projects under section 5604(c) of the Clean Vessel Act of 
1992 (33 U.S.C. 1322 note). 

"(B) $4,666,667 shall be available to the Secretary of 
the Interior for 3 fiscal years for obligation for quaiyied 

S rejects under section 7404(d) of the Sportfishmg and 
loatmg Safety Act of 1998 (16 U.S.C. 777g-l(d)). 

"(C) The balance remaining after the application of 
subparagraphs (A) and (B) shall be transferred to the Sec- 
retary of Iransportation and shall be expended for State 
recreational boating safety programs under section 13106 
of title 46, United States Code.", 
(c) Boat Safety Funds.— Section 13106(c) of title 46, United 
States Code, is amended — 

(1) by striking "$2,083,333" and inserting "$2,916,667"; and 

(2) by striking "$833,333" and inserting '^1,166,667". 

SEC. a TECHNICAL AMENDMENTS. 

(a) Highway Safety Grants.— 

(1) In general.— Title I of the Transportation, Treasury, 
and Independent Agencies Appropriations Act, 2004 (division 
F of Public Law 108-199) is amended by inserting before the 
period at the end of the matter under the heading "National 
Highway Traffic Safety Administration, highway traffic 

Ante, p. 299. SAFETY GRANTS" the follovmig: ": Provided further. That not 

to exceed $2,600,000 of the fimds subject to allocation under 
section 157 of title 23, United States Code, and not to exceed 
$2,600,000 of the funds subject to apportionment imder section 
163 of that title, shall be available to the National Highway 
Traffic Safety Amninistration for administering highway safety 
grants under those sections". 

(2) Effective date. — ^The amendment made by paragraph 
(1) shall take effect on January 24, 2004. 

(b) Federal Highway Administration.— Section 110(g) of the 
Transportation, Treasiiry, and Independent Agencies Appropria- 

Ante. p. 293. tions Act, 2004 (division F of Public Law 108-199) is amended 

by adding at the end the following: "Obligation authority shall 
be available until used and in addition to the amount of any 
limitation imposed on obligations for Federal-aid highway and high- 
way safety construction programs for future fiscal years.". 

SEC. 9. extension OF FEDERAL TRANSIT PROGRAMS. 

(a) Allocating Amounts.— Section 5309(m) of title 49, United 
States Code, is amended — 

(1) in paragraph (1) — 

(A) by striking "February 29, 2004" and inserting "April 
30, 2004'^ 

(B) in subparagraph (A), by inserting ", except for 
the period beginning on October 1, 2003, and ending on 
April 30, 2004, during which $699,642,775 will be avail- 
able" after "modernization"; 

(C) in subparagraph (B), by inserting ", except for 
the period beginning on October 1, 2003, and ending on 
April 30, 2004, during which $767,657,109 will be avail- 
able" before the semicolon; and 

(D) in subparagraph (C), by inserting ", except for 
the period beginning on October 1, 2003 emd ending on 



157 



PUBLIC LAW 10&-202— FEB. 29, 2004 118 STAT. 485 

April 30, 2004, during which $352,110,220 will be avail- 
able" after "facilities"; 

(2) by amending paragraph (2)(B)(iii) to read as follows: 

"(iii) October 1, 2003 through April 30, 2004.— 
Of the amounts made available under paragraph dXB), 
$6,066,667 shall be available for the period beginning 
on October 1, 2003, and ending on April 30, 2004, 
for capital projects described in clause (i)."; 

(3) in paragraph (3)(B)— 

(A) by striking "$1,250,000" and inserting "$1,750,000"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(4) in paragraph (3XC) — 

(A) by striking "$20,833,334 shall be available" and 
inserting "$28,994,583 shall be transferred to and adminis- 
tered under section 5309 for buses and bus facilities"; and 

(B) by striking 'Tebruary 29, 2004" and inserting "April 
30, 2004". 

(b) Apportionment of Appropriations for Fixed Guideway 
Modernization.— Section 8(b)(1) of the Surface Transportation 
Extension Act of 2003 (49 U.S.C. 5337 note) is amended by striking 
"February 29, 2004" and inserting "April 30, 2004". 

(c) Formula Grants Authorizations.— Section 5338(a) of title 
49, United States Code, is amended — 

(1) in the heading to paragraph (2) by striking "FEBRUARY 
29, 2004" and inserting "april 30, 2004"; 

(2) in paragraph (2)(A)(vi) — 

(A) by striking "$1,292,948,344" and inserting 
"$1,780,963,287"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; 

(3) in paragraph (2)(BXvi)— 

(A) by striking "$323,459,169" and inserting 
"$445,240,822"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(4) in paragraph (2XC) by striking "February 29, 2004" 
and inserting "April 30, 2004". 

(d) Formula Grant Funds.— Section 8(d) of the Surface 
Transportation Extension Act of 2003 (117 Stat. 1122) is amended 
to read as follows: 

"(d) Allocation of Formula Grant Funds for October 1, 
2003, Through April 30, 2004.— Of the aggregate of amounts 
made available by or appropriated under section 5338(a)(2) of title 
49, United States Code, for the period of October 1, 2003, through 
April 30, 2004— 

"(1) $ 2,812,446 shall be available to the Alaska Raikoad 
for improvements to its passenger operations under section 
5307 of such title; 

"(2) $28,994,583 shall be available for bus and bus facilities 
grants imder section 5309 of such title; 

"(3) $52,568,804 shall be available to provide transportation 
services to elderly individuals and individuals with disabiUties 
under section 5310 of such title; 



158 



118 STAT. 486 PUBLIC LAW 108-202— FEB. 29, 2004 

"(4) $139,526,367 shall be available to provide financial 
assistance for other than urbanized areas under section 5311 
of such title; 

"(5) $4,030,247 shall be available to provide financial assist- 
ance in accordance with section 3038(g) of the Transportation 
Equity Act for the 2l8t Century; and 

"(6) $1,998,271,661 shall be available to provide financial 
assistance for urbanized areas imder section 5307 of such title.". 

(e) Capital Program Authorizations.— Section 5338(bX2) of 
title 49, United States Code, is amended — 

(1) in the heading by striking "FEBRUARY 29, 2004" and 
inserting "APRIL 30, 2004"; 

(2) in subparagraph (A)(vi) — 

(A) by striking "$1,022,503,342" and inserting 
"$1,819,410,104"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(3) in subparagraph (B)(vi) — 

(A) by striking "$255,801,669" and inserting 
"$363,882,021"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004". 

(f) Planning Authorizations and Allocations. — Section 
5338(c)(2) of title 49, United States Code, is amended— 

(1) in the heading by striking "FEBRUARY 29, 2004" and 
inserting "APRIL 30, 2004 ; 

(2) in subparagraph (AXvi) — 

(A) by striking "$24,636,667" and inserting 
"$33,981,652"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(3) in subparagraph (B)(vi) — 

(A) by striking "$6,100,000" and inserting "$8,350,440"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004". 

(g) Research Authorizations.— Section 5338(d)(2) of title 49, 
United States Code, is amended — 

(1) in the heading by striking "FEBRUARY 29, 2004" and 
inserting "APRIL so, 2004"; 

(2) in subparagraph (AXvi) — 

(A) by striking "$16,536,667" and inserting 
"$24,471,428"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; 

(3) in subparagraph (B)(vi) — 

(A) by strSing "$4,095,000" and inserting "$6,262,830"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(4) in subparagraph (C) by striking "February 29, 2004" 
and inserting "April 30, 2004". 

(h) Research Funds.— Section 8(h) of the Surface Transpor- 
117 Stat. 1123. tation Extension Act of 2003 is amended to read as follows: 

"(h) Allocation of Research Funds for October 1, 2003, 
Through April 30, 2004.— Of the funds made available by or 



159 



PUBLIC LAW 108-202— FEB. 29, 2004 118 STAT. 487 

appropriated under section 5338(dX2) of title 49, United States 

Code, for the period of October 1, 2003, through April 30, 2004— 

"(1) not less than $3,044,431 shall be available for providing 

rural transportation assistance under section 5311(bK2) of such 

title; 

"(2) not less than $4,784,106 shall be available for carrying 
out transit cooperative research programs under section 5313(a) 
of such title; 

"(3) not less than $4,784,106 shall be available to carry 
out programs under the National Transit Institute under sec- 
tion 5316 of such title, including not more than $579,892 to 
carry out section 5315(a)(16) of such title; and 

"(4) any amovmts not made available under paragraphs 
(1) through (3) shall be available for carrying out national 
planning and research programs under sections 5311(bX2), 
5312, 5313(a), 5314, and 5322 of such title.", 
(i) University Transportation Research Authorizations.— 
Section 5338(eX2) of title 49, United States Code, is amended — 

(1) in the heading by striking "FEBRUARY 29, 2004" and 
inserting "APRIL 30, 2004^; 

(2) in subparagraph (A) — 

(A) by striking "$2,020,833" and inserting "$2,783,480"; 
and 

(B) by striking 'Tebruary 29, 2004" and inserting "April 
30,2004"; 

(3) in subparagraph (B) — 

(A) by striking "$505,833" and inserting "$695,870"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(4) in subparagraph (C) by striking "February 29, 2004" 
each place it appears and inserting "April 30, 2004". 

(j) University Transportation Research Funds.— 

(1) In general. — Section 8(j) of the Surface Transportation 
Extension Act of 2003 is amended to read as follows: 117 Stat 1124. 
"(j) Allocation of University Transportation Research 

Funds.— 

"(1) In general. — Of the amounts made available under 
section 5338(eX2XA) of title 49, United States Code, for the 
period October 1, 2003, through April 30, 2004— 

"(A) $994,100 shall be available for the center identified 

in section 5505(jX4XA) of such title; and 

"(B) $994,100 shall be available for the center identified 

in section 5505(j )(4)(F) of such title. 

"(2) Training and curriculum development.— Notwith- 
standing section 5338(e)(2) of title 49, United States Code, 
any amounts made available under such section for the period 
October 1, 2003, through April 30, 2004, that remain after 
distribution under paragraph (1), shall be available for the 
purposes specified in section 3015(d) of the Transportation 
Equity Act for the 2l8t Century (112 Stat. 857).". 

(2) Conforming amendment.— Section 3015(dX2) of tlie 
Transportation Equity Act for the 21st Century (112 Stat. 857) 49 USC 5338 
is amended by striking "FebruEiry 29, 2004" and inserting "April note. 

30, 2004". 

(k) Administration Authorizations.— Section 6338(f)(2) of 
title 49, United States Code, is amended — 



160 



118 STAT. 488 PUBLIC LAW 108-202— FEB. 29, 2004 

(1) in the heading by striking "FEBRUARY 29, 2004" and 
inserting "APRIL 30, 2004"; 

(2) in subparagraph (A)(vi) — 

(A) by striking "$24,585,834" and inserting 
"$35,025,457"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(3) in subparagraph (B)(vi) — 

(A) by striking "$6,150,833" and inserting "$8,756,364"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004". 

G) Job Access and Reverse Commute Program.— Section 
3037(1) of the Federal Transit Act of 1998 (49 U.S.C. 5309 note) 
is amended — 

(1) in paragraph (lXA)(vi) — 

(A) by striking "$50,519,167" and inserting 
"$57,989,167"; and 

(B) by striking 'Tebruary 29, 2004" and inserting "April 
30, 2004"; 

(2) in paragraph (lXB)(vi) — 

(A) by striking "$12,638,833" and inserting 
"$14,497,292"; and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; 

(3) in paragraph (2) by striking "February 29, 2004, 
$4,166,667" and inserting "April 30, 2004, $5,798,917"; and 

(4) by adding at the end the following: 

"(4) Transfer in fiscal year 2004.— Of the funds made 
available or appropriated under paragraph (1) for fiscal year 
2004, prior to the allocation under paragraph (3), $11,597,833 
shall be administered under the provisions of section 5309 
of title 49, United States Code.", 
(m) Rural Transportation Accessibility Incentive Pro- 

GRAM.~Section 3038(g) of the Federal Transit Act of 1998 (49 

U.S.C. 5310 note) is amended — 

(1) in paragraph (1)(F) — 

(A) by striking "$2,187,500" and inserting "$3,044,431"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(2) in paragraph (2) — 

(A) by striking "$708,333" and inserting "$985,816"; 
and 

(B) by striking "February 29, 2004" and inserting "April 
30, 2004". 

(n) Urbanized Area Formula Grants.— Section 5307(b)(2) of 
title 49, United States Code, is amended — 

(1) in the heading by striking "FEBRUARY 29, 2004" and 
inserting "APRIL 30, 2004"; and 

(2) in subparagraph (A) by striking "February 29, 2004" 
and inserting "April 30, 2004"; 

(0) Obligation Ceiling.— Section 3040(6) of the Federal 
Transit Act of 1998 (112 Stat. 394) is amended— 

(1) by striking "$3,042,501,691" and inserting 
"$4,238,428,192"; and 



161 



PUBLIC LAW 108-202— FEB. 29, 2004 118 STAT. 489 

(2) by striking 'Tebruary 29, 2004" and inserting "April 

30, 2004". 

(p) Fuel Cell Bus and Bus FACiLmES Program.— Section 
3015(b) of the Federal Transit Act of 1998 (112 Stat. 361) is 
amended — 

(1) by striking "February 29, 2004" and inserting "April 
30, 2004"; and 

(2) by striking "$2,020,833" and inserting "$2,812,475". 

(q) Advanced Technology Pilot Project.— Section 3015(c)(2) 
of the Federal Transit Act of 1998 (49 U.S.C. 322 note) is amended— 23 USC 322 note. 

(1) by striking "February 29, 2004," and inserting "April 
30, 2004"; and 

(2) by striking "$2,083,333" and inserting "$2,812,475". 

(r) Projects for New Fdced Gutoeway Systems and Exten- 
sions TO Existing Systems.— Section 3030 of the Transportation 
Equity Act for the 2l8t Century (112 Stat. 373) is amended by 
striking "February 29, 2004" each place it appears and inserting 
"April 30, 2004". 

(s) New Jersey Urban Core Project.— Section 3031(aX3) of 
the Intermodal Surface Transportation Efficiency Act of lOiSl (105 
Stat. 2122; 112 Stat. 379) is amended by striking "February 29, 
2004" each place it appears and inserting "April 30, 2004". 

(t) Treatment of Funds.— Section 8(t) of the Surface Transpor- 
tation Extension Act of 2003 (23 U.S.C. 101 note) is amended— 

(1) by striking "Amounts" and inserting the following: 
"(1) In general.— Amounts"; 

(2) by inserting "and by section 9 of the Siuface Transpor- 
tation Extension Act of 2004" after "this section"; and 

(3) by adding at the end the following: 

"(2) Transfers. — Fimds authorized by or made available 
under this section shall be transferred in accordance with the 
Consolidated Appropriations Act, 2004, except that only V\2. 
of the total amount to be transferred shall be available.", 
(u) Local Share.— Section 3011(a) of the Federal Transit Act 
of 1998 (49 U.S.C. 5307 note) is amended by inserting "and for 
the period of October 1, 2003 through April 30, 2004," after "2003,". 

SEC. 10. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PRO- 
GRAMS. 

(a) Chapter 4 Highway Safety Programs.— Section 2009(a)(1) 
of the Transportation Equity Act for the 21st Century (112 Stat. 
337; 117 Stat. 1119) is amended by striking ", and $68,750,000 
for the period of October 1, 2003, through February 29, 2004" 
and inserting ", and $96,250,000 for the period of October 1, 2003, 
through AprU 30, 2004". 

(b) Highway Safety Research and Development.— Section 
2009(a)(2) of such Act (112 Stat. 337; 117 Stat. 1119) is amended 
by striking "$30,000,000 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$42,000,000 for the period of 
October 1, 2003, through April 30, 2004". 

(c) Occupant Protection Incentive Grants-.— Section 
2009(a)(3) of such Act (112 Stat. 337; 117 Stat. 1120) is amended 
by striking "$8,333,333 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$11,666,700 for the period of 
October 1, 2003, through April 30, 2004". 

(d) Alcohol-Impaired Driving Countermeasures Incentive 
Grants.— Section 2009(a)(4) of such Act (112 Stat. 337; 117 Stat. 



162 



118 STAT. 490 PUBUC LAW 108-202— FEB. 29, 2004 

1120) is amended by striking "$16,666,667 for the period of October 
1, 2003, through February 29, 2004" and inserting "$23,333,300 
for the period of October 1, 2003, through April 30, 2004". 

(e) National Driver Register.— Section 2009(aX6) of such 
Act (112 Stat. 338; 117 Stat. 1120) is amended by striking "$833,333 
for the period of October 1, 2003, through February 29, 2004" 
and inserting "$2,100,000 for the period of October 1, 2003, through 
April 30, 2004". 

SEC. 11. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PRO- 
GRAM. 

(a) Administrative Expenses.— Section 7(a)(1) of the Surface 
Transportation Extension Act of 2003 (117 Stat. 1120) is amended 
by striking "$71,487,500 for the period of October 1, 2003, through 
February 29, 2004" and inserting "$102,467,000 for the period 
October 1, 2003 through April 30, 2004". 

(b) Motor Carrier Safety Assistance Program. — Section 
31104(a)(7) of title 49, United States Code, is amended to read 
as follows: 

"(7) Not more than $98,352,000 for the period of October 
1, 2003, through April 30, 2004.". 

(c) Information Systems and Commercial Driver's License 
Grants.— 

(1) Authorization of appropriation.— Section 31107(a)(5) 
of such title is amended to read as follows: 

"(5) $11,639,000 for the period of October 1, 2003, through 
April 30, 2004.". 

(2) Emergency cdl grants.— Section 7(c) of the Surface 
Transportation Extension Act of 2003 (117 Stat. 1121) is 
amended — 

(A) by striking "February 29," and inserting "April 
30,"; and 

(B) by striking "$416,667" and inserting "$582,000". 

(d) Crash Causation Study.— Section 7(d) of such Act is 
amended — 

(1) by striking "$416,667" and inserting "$582,000"; and 

(2) by striking "February 29" and inserting "April 30". 

(e) Technical Amendments.— 

(1) In general.— Title I of the Transportation, Treasury, 
and Independent Agencies Appropriations Act, 2004 (division 
F of Public Law 108-199) is amended— 

(A) by striking "Fund and to" in the matter appearing 
under the heading "Federal Motor Carrier Safety 
Administration, motor carrier safety, limitation on 

Ante. p. 298. ADMINISTRATIVE EXPENSES" and inserting "Fund, together 

with advances and reimbursements received by the Federal 
Motor Carrier Safety Administration, the sum of which 
shall"; and 

(B) by inserting before the period at the end of the 
matter appearing under the heading "FEDERAL MOTOR CAR- 
RIER Safety Administration, national motor carreer 

Ante. p. 298. SAFETY PROGRAM" the following: ": Provided further. That 

for grants made to States for implementation of section 
210 of the Motor Carrier Safety Improvement Act of 1999 
(113 Stat. 1764-1765), the Federal share payable under 
such grants shall be 100 percent". 



163 



PUBLIC LAW 108-202— FEB. 29, 2004 118 STAT. 491 

(2) Effective date. — ^The amendments made by paragraph 

(1) shall take effect on January 24, 2004. 

SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS 
FOR OBLIGATIONS UNDER TEA-21. 

(a) Highway Trust Fund.— 

(1) In general.— Paragraph (1) of section 9503(c) of the 

Internal Revenue Code of 1986 is amended — 26 USC 9503. 

(A) in the matter before subparagraph (A), by striking 
"March 1, 2004" and inserting "May 1, 2004", 

(B) by striking "or" at the end of subparagraph (E), 

(C) by striking the period at the end oi subparagraph 
(F) and inserting ", or", 

(D) by inserting after subparagraph (F), the folloAving 
new subparagraph: 

"(G) authorized to be paid out of the Highway Trlist 
Fund imder the Surface Transportation Extension Act of 
2004.", and 

(E) in the matter after subparagraph (G), as added 
by this paragraph, by striking "Surface Transportation 
Extension Act of 2003" and inserting "Surface Transpor- 
tation Extension Act of 2004". 

(2) Mass transit account.— Paragraph (3) of section 
9503(e) of such Code is amended — 

(A) in the matter before subparagraph (A), by striking 
"March 1, 2004" and inserting "May 1, 2004", 

(B) in subparagraph (C), by striking "or" at the end 
of such subparagraph, 

(C) in subparagraph (D), by inserting "or" at the end 
of such subparagraph, 

(D) by inserting after subparagraph (D) the following 
new subparagraph: 

"(E) the Surface Transportation Extension Act of 
2004,", and 

(E) in the matter after subparagraph (E), as added 
bv this paragraph, by striking "Surface Transportation 
Extension Act of 2003" and inserting "Surface Transpor- 
tation Extension Act of 2004". 

(3) Exception to limitation on transfers.— Subpara- 
graph (B) of section 9503(b)(5) of such Code is amended by 
striking "March 1, 2004" and inserting "May 1, 2004". 

(b) Aquatic Resources Trust Fund.— 

(1) Sport fish restoration account.— Paragraph (2) of 

section 9504(b) of the Internal Revenue Code of 1986 is 26 USC 9504. 
amended by striking "Surface Transportation Extension Act 
of 2003" each place it appears and inserting "Surface Transpor- 
tation Extension Act of 2004". 

(2) Boat safety account.— Subsection (c) of section 9504 
of such Code is amended — 

(A) by striking "March 1, 2004" and inserting "May 
1, 2004", and 

(B) by striking "Surface Transportation Extension Act 
of 2003" and inserting "Surface Transportation Extension 
Act of 2004". 

(3) Exception to limitation on transfers.— Paragraph 

(2) of section 9504(d) of such Code is amended by striking 
"March 1, 2004" and inserting "May 1, 2004". 



164 



118 STAT. 492 PUBUC LAW 108-202— FEB. 29, 2004 

26 use 9503 (c) EFFECTIVE DATE. — ^The amendments made by this section 

>i<»t*- shall take effect on the date of the enactment of this Act. 

(d) Temporary Rule Regarding Adjustments.— During the 
period beginning on the date of the enactment of the Surface 
Transportation Extension Act of 2003 and ending on April 30, 
2004, for purposes of making any estimate under section 9503(d) 
of the Internal Revenue Code of 1986 of receipts of the Highway 
Trust Fund, the Secretary of the Treasury shall treat — 

(1) each expiring provision of paragraphs (1) through (4) 
of section 9503(d) of such Code which is related to appropria- 
tions or transfers to such Fund to have been extended through 
the end of the 24-month period referred to in section 
9503(d)(1)(B) of such Code, and 

(2) with respect to each tax imposed under the sections 
referred to in section 9503(bXl) of such Code, the rate of such 
tax during the 24-month period referred to in section 
9503(d)(1)(B) of such Code to oe the same as the rate of such 
tax as in effect on the date of the enactment of the Surface 
Transportation Extension Act of 2003. 

Approved February 29, 2004. 



LEGISLATIVE mSTORY— H.R. 3850: 

CONGRESSIONAL RECORD, Vol. 150 (2004): 
Feb. 26, considered and passed House. 
Feb. 27, considered and passed Senate. 

o 



165 



118 STAT. 562 PUBLIC LAW 10&-209— MAR. 19, 2004 



Public Law 108-209 
108th Congress 

An Act 

Mar. 19, 2004 To designate Fort Bayard Historic District in the State of New Mexico as a National 
[H.R. 2059] Historic Landmark, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Fort Bayard the United States of America in Congress assembled, 

National Historic „ 

Landmark Act SECTION 1. FOHT BAYARD NATIONAL HISTORIC LANDMARK ACT. 

(a) Short Title.— This Act may be cited as the "Fort Bayard 
National Historic Landmark Act". 

(b) Designation.— The Fort Bayard Historic District in Grant 
County, New Mexico, as listed on the National Register of Historic 
Places, is hereby designated as the Fort Bayard National Historic 
Landmark. 

(c) Administration. — Nothing in this section shall affect the 
administration of the Fort Bayard Historic District by the State 
of New Mexico. 

(d) Cooperative Agreements.— The Secretary, in consvdtation 
with the State of New Mexico, Grant County, New Mexico, and 
affected subdivisions of Grant County, may enter into cooperative 
agreements with appropriate public or private entities, for the pur- 
poses of protecting historic resources at Fort Bayard and providing 
educational and interpretive facilities and programs for the public. 
The Secretary shall not enter into any agreement or provide assist- 
ance to any activity affecting Fort Bayard State Hospital without 
the concurrence of the State of New Mexico. 

(e) Technical and Financial Assistance.— The Secretary may 
provide technical and financial assistance with any entity with 
which the Secretary has entered into a cooperative agreement vmder 
subsection (d). 

(f) No Effect on Actions of Property Owners.— Designation 
of the Fort Bayard Historic District as a National Historic Land- 
mark shall not prohibit any actions which may otherwise be taken 
by any property owners, including the owners of the Fort Bayard 
National Historic Landmark, with respect to their property. 



166 



PUBLIC LAW 108-209— MAR. 19, 2004 118 STAT. 563 

SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized ^o be appropriated such sums as may 
be necessary to carry out this Act. 

Approved March 19, 2004. 



LEGISLATIVE HISTORY— H.R. 2059 (S. 214): 

HOUSE REPORTS: No. 108-257 (Coram, on Resources). 

SENATE REPORTS: No. 108-8 accompanying S. 214 (Coram, on Energy and Nat- 
ural Resources). 
CONGRESSIONAL RECORD: 

Vol. 149 (2003): Sept. 23, considered and passed House. 

Vol. 150 (2004): Mar. 4, considered and passed Senate. 



o 



167 



PUBLIC LAW 108-229— MAY 28, 2004 118 STAT. 645 



Public Law 108-229 
108th Congress 

An Act 

To provide for expansion of Sleeping Bear Dunes National Lakeshore, 



May 28, 2004 
[H.R. 408] 



Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Michigan. 

16 use 460X-7 
SECTION 1. EXPANSION OF SLEEPING BEAR DUNES NATIONAL LAKE- note 

SHORE. 

(a) In General. — ^When title to the land described in subsection 
(b) has vested in the United States in fee simple, the boundary 
of Sleeping Bear Dunes National Lakeshore is revised to include 
such land in that park. 

(b) Land Described. — ^The land referred to in subsection (a) 
consists of approximately 104.45 acres of unimproved lands gen- 
erally depicted on National Park Service map number 634/80078, 
entitled 'TBayberry Mills, Inc. Crystal River, Ml Proposed Expansion 
Unit to Sleeping Bear Dunes National Lakeshore . The Secretaiy 
of the Interior shall keep such map on file and available for public 
inspection in the appropriate offices of the National Park Service. 

(c) Purchase of Lands Authorized.— The Secretary of the 
Interior may acquire the land described in subsection (b), only 
by purchase from a willing seller. 

SEC. 2. LIMITATION ON ACQUISITION BY EXCHANGE OR CONVEYANCE. 

The Secretary of the Interior may not acquire any of the land 
described in subsection (b) of section 1 through any exchange or 
conveyance of lands that are within the boundary of the Sleeping 
Bear Dunes National Lakeshore as of the date of the enactment 
of this Act. 

Approved May 28, 2004. 



LEGISLATIVE HISTORY— H.R. 408: 

HOUSE REPORTS: No. 108-292 (Conun. on Resources). 

SENATE REPORTS: No. 108-240 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 149 (2003): Oct. 8, considered and passed House. 

VoL 150 (2004): May 19, considered and passed Senate. 



o 



168 



PUBLIC LAW 108-277-JULY 22, 2004 118 STAT. 865 



Public Law 108-277 
108th Congress 

An Act 

To amend title 18, United States Code, to exempt qualified current and former . . __ „j,_ . 
law enforcement officers from State laws prohibiting the carrying of concealed ^ ^ 



18 use 921 note. 



handguns. fH.R. 218] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Law Enforcement 

Officers Safety 
SECTION I. SHORT TITLE. Act of 2004. 

This Act may be cited as the "Law Enforcement Officers Safety 
Act of 2004". 

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS 
FROM STATE LAWS PROHIBITING THE CARRYING OF 
CONCEALED FIREARMS. 

(a) In General.— Chapter 44 of title 18, United States Code, 
is amended by inserting after section 926A the following: 

"§926B. Carrying of concealed firearms by qualified law 
eiuforcement officers 

"(a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who is 
a qualified law enforcement officer and who is carrying the identi- 
fication required by subsection (d) may carry a concealed firearm 
that has been shipped or transported in interstate or foreign com- 
merce, subject to subsection Cb). 

"(b) This section shall not be construed to supersede or limit 
the laws of any State that — 

"(1) permit private persons or entities to prohibit or restrict 
the possession of concealed firearms on their property; or 

"(2) prohibit or restrict the possession of firearms on any 
State or local government property, installation, bmlding, base, 
or park. 

"(c) As used in this section, the term 'qualified law enforcement 
officer* means an employee of a governmental agency who — 

"(1) is authorized by law to engage in or supervise the 
prevention, detection, investigation, or prosecution of, or the 
incarceration of any person for, any violation of law, and has 
statutory powers of arrest; 

"(2) is authorized by the agency to carry a firearm; 
"(3) is not the subject of any disciplinary action by the 
agency; 

"(4) meets standards, if any, established by the agency 
which require the employee to regularly qualify in the use 
of a firearm; 



169 



118 STAT. 866 PUBLIC LAW 108-277-^JULY 22, 2004 

"(5) is not under the influence of alcohol or another intoxi- 
cating or hallucinatory drug or substance; and 

"(6) is not prohibited by Federal law from receiving a 
firearm. 

"(d) The identification required by this subsection is the photo- 
graphic identification issued by the governmental agency for which 
the individual is employed as a law enforcement officer. 

"(e) As used in this section, the term ^firearm' does not include — 
"(1) any machinegun (as defined in section 5845 of the 
National Firearms Act); 

"(2) any firearm silencer (as defined in section 921 of this 
title); and 

"(3) any destructive device (as defined in section 921 of 
this title).". 

(b) Clerical Amendment.— The table of sections for such 
chapter is amended by inserting after the item relating to section 
926A the following: 
"9266. Carrying of concealed firearms by qualified law enforcement officers.". 

SEC. 3, EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFI- 
CERS FROM STATE LAWS PROHIBITING THE CARRYING 
OF CONCEALED FIREARMS. 

(a) In General.— Chapter 44 of title 18, United States Code, 
is further amended by inserting after section 926B the following: 

'*§ 926C. Canying of concealed firearms by qualified retired 
law enforcement officers 

"(a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who is 
a qualified retired law enforcement officer atid who is carrying 
the identification required by subsection (d) may carry a concealed 
firearm that has been shipped or transported in interstate or foreign 
commerce, subject to subsection (b). 

"(b) This section shall not be construed to supersede or limit 
the laws of any State that — 

"(1) permit private persons or entities to prohibit or restrict 
the possession of concealed firearms on their property; or 

"(2) prohibit or restrict the possession of firearms on any 
State or local government property, installation, building, base, 
or park. 

"(c) As used in this section, the term 'qualified retired law 
enforcement officer* means an individual who — 

"(1) retired in good standing from service with a public 
agency as a law enforcement officer, other than for reasons 
of mental instability; 

"(2) before such retirement, was authorized by law to 
engage in or supervise the prevention, detection, investigation, 
or prosecution of, or the incarceration of any person for, any 
violation of law, and had statutory powers of arrest; 

"(3)(A) before such retirement, was regularly employed as 
a law enforcement officer for an aggregate of 15 years or more; 
or 

"(B) retired from service Avith such agency, after completing 
any apphcable probationary period of such service, due to a 
service-connected disability, as determined by such agency; 

"(4) has a nonforfeitable right to benefits under the retire- 
ment plan of the agency; 



170 



PUBLIC LAW 108-277-JULY 22, 2004 118 STAT. 867 

"(5) during the most recent 12-month period, has met, 
at the expense of the individual, the State's standards for 
training and qualification for active law enforcement oJGRcers 
to carry firearms; 

"(6) is not under the influence of alcohol or another intoxi- 
cating or hallucinatory drug or substance; and 

"(7) is not prohibited by Federal law fi-om receiving a 
firearm. 
"(d) The identification required by this subsection is — 

"(1) a photographic identification issued by the agency from 
which the individual retired from service as a law enforcement 
officer that indicates that the individual has, not less recently 
than one year before the date the individual is carrying the 
concealed firearm, been tested or otherwise found by the agency 
to meet the standards established by the agency for training 
and qualification for active law enforcement officers to carry 
a firearm of the same type as the concealed firearm; or 

"(2)(A) a photograpnic identification issued by the agency 
fi-om which the individual retired from service as a law enforce- 
ment officer; and 

"(B) a certification issued by the State in which the indi- 
vidual resides that indicates that the individual has, not less 
recently than one year before the date the individual is carrying 
the concealed firearm, been tested or otherwise found by the 
State to meet the standards established by the State for 
training and qualification for active law enforcement officers 
to carry a firearm of the same type as the concealed firearm. 
"(e) As used in this section, the term ^firearm' does not include — 

"(1) any machinegun (as defined in section 5845 of the 
National Firearms Act); 

"(2) any firearm sUencer (as defined in section 921 of this 
title); and 

"(3) a destructive device (as defined in section 921 of this 
title).". 

(b) Clerical Amendment.— The table of sections for such 
chapter is further amended by inserting after the item relating 
to section 926B the following: 

"9260. Carrying of concealed firearms by qualified retired law enforcement offi- 
cers.". 

Approved July 22, 2004. 



LEGISLATIVE HISTORY— H.R. 218 (S. 253): 

HOUSE REPORTS: No. 108-560 (Comm. on the Judiciary). 

SENATE REPORTS: No. 108-29 accompanying S. 253 (Conun. on the Judiciary). 

CONGRESSIONAL RECORD, Vol. 150 (2004): 

June 23, considered and passed House. 

July 7, considered and passed Senate. 



o 



171 



PUBLIC LAW 108-289— AUG. 6, 2004 118 STAT. 1017 



Public Law 108-289 
108th Congress 

An Act 

To provide for the issuance of a coin to commemorate the 400th anniversary of Aug. 6, 2004 

the Jamestown settlement. [HR 19141 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Jamestown 400th 

Anniversary 
SECTION 1. SHORT TITLE. Commemorative 

This Act may be cited as the "Jamestown 400th Anniversary 31 use 5112 
Commemorative Coin Act of 2004". note. 

SEC. 2. FINDINGS. 

The Congress makes the following findings: 

(1) The founding of the colony at Jamestown, Virginia, 
in 1607, the first permanent English colony in America, and 
the capital of Virginia for 92 years, has msgor significance 
in the history of the United States. 

(2) The Jamestown Settlement brought people from 
throughout the Atlantic Basin together to form a society that 
drew upon the strengths and characteristics of English, Euro- 
pean, AJFrican, and Native American cultures. 

(3) The economic, poUtical, reUgious, and social institutions 
that developed during the first 9 decades of the existence of 
Jamestown continue to have profound effects on the United 
States, particularly in English common law and language, cross 
cultural relationships, manufactvuing, and economic stinicture 
and status. 

(4) The Nationed Park Service, the Association for the 
Preservation of Virginia Antiquities, and the Jamestown-York- 
town Foundation of the Commonwealth of Virginia collectively 
own and operate significant resources related to the early his- 
tory of Jamestown. 

(5) In 2000, Congress established the Jamestown 400th 
Commemoration Commission to ensure a suitable national 
observance of the Jamestown 2007 anniversary and to support 
and facilitate marketing efforts for a commemorative coin, 
stamp, and related activities for the Jamestown 2007 observ- 
ances. 

(6) A commemorative coin will bring national and inter- 
national attention to the lasting legacy of Jamestown, Virginia. 

(7) The proceeds from a surcharge on the sale of such 
commemorative coin will assist the financing of a stdtable 
national observance in 2007 of the 400th anniversary of the 
founding of Jamestown, Virginia. 



172 



118 STAT. 1018 PUBLIC LAW 108-289— AUG. 6, 2004 

SEC. 2. COIN SPECIFICATIONS. 

(a) Denominations. — ^The Secretary of the Treasury (hereafter 
in this Act referred to as the "Secretary") shall mint and issue 
the following coins: 

(1) $5 GOLD COINS.— Not more than 100,000 5 dollar coins, 
which shall — 

(A) weigh 8.359 grams; 

(B) have a diameter of 0.850 inches; and 

(C) contain 90 percent gold and 10 percent alloy. 

(2) $1 SILVER COINS.— Not more than 500,000 1 dollar coins, 
which shall — 

(A) weigh 26.73 grams; 

(B) have a diameter of 1.500 inches; and 

(C) contain 90 percent silver and 10 percent copper. 

(b) Legal Tender. — ^The coins minted under this Act snaU 
be legal tender, as provided in section 5103 of title 31, United 
States Code. 

(c) Numismatic Items. — For purposes of sections 5134 and 
5136 of title 31, United States Code, all coins minted under this 
Act shall be considered to be numismatic items. 

SEC. 3. SOURCES OF BULLION. 

The Secretary shall obtain gold and silver for minting coins 
under this Act pursuant to the authority of the Secretfuy under 
other provisions of law. 

SEC. 4. DESIGN OF COINS. 

(a) Design Requirements.— 

(1) In general. — ^The design of the coins minted under 
this Act shall be emblematic of the settlement of Jamestown, 
Virginia, the first permanent English settlement in America. 

(2) Designation and inscriptions.— On each coin minted 
under this Act there shall be — 

(A) a designation of the value of the coin; 

(B) an inscription of the year "2007"; and 

(C) inscriptions of the words "Liberty", "In God We 
Trust", "United States of America", and "E Pluribus 
Unum". 

(b) Selection. — ^The design for the coins minted under this 
Act shall be — 

(1) selected by the Secretary after consultation with — 

(A) the Jamestown 2007 Steering Committee, created 
by the Jamestown- Yorktown Foundation of the Common- 
wealth of Virginia; 

(B) the National Park Service; and 

(C) the Commission of Fine Arts; and 

(2) reviewed by the citizens advisory committee established 
vmder section 5135 of title 31, United States Code. 

SEC. 6. ISSUANCE OF COINS. 

(a) Quality of Coins.— Coins minted under this Act shall 
be issued in uncirculated and proof qualities. 

(b) Mint Facility.— Only 1 fadlity of the United States Mint 
may be used to strike any particular combination of denomination 
and quality of the coins nunted under this Act. 

(c) Period for Issuance. — ^The Secretary may issue coins 
minted under this Act only during the period beginning on January 
1, 2007, and ending on December 31, 2007. 



173 



PUBLIC LAW 10&-289— AUG. 6. 2004 118 STAT. 1019 

SEC. 6. SALE OF COINS. 

(a) Sale Price. — ^Notwithstanding any other provision of law, 
the coins issued under this Act shall be sold by the Secretary 
at a price equal to the face value, plus the cost of designing 
and issuing such coins (including labor, materials, dies, use of 
machinery, overhead expenses, and marketing). 

(b) Bulk Sales. — The Secretary shall make bulk sales of the 
coins issued under this Act at a reasonable discount. 

(c) Prepaid Orders.— 

(1) In general. — The Secretary shall accept prepaid orders 
for the coins minted under this Act before the issuance of 
such coins. 

(2) Discount. — Sale prices with respect to prepaid orders 
under paragraph (1) shall be at a reasonable discovmt. 

SEC. 7. SURCHARGES. 

(a) Surcharge Required. — ^All sales shall include a surcharge 
of $35 per coin for the $5 coins and $10 per coin for ttie $1 
coins. 

(b) Distribution. — Subject to section 5134(f) of title 31, United 
States Code, all surcharges which are received by the Secretary 
from the sale of coins issued under this Act shall be promptly 
paid by the Secretary as follows: 

(1) Programs to promote understanding of the leg- 
acies OF JAMESTOWN. — Vz of the surcharges shall be used to 
support programs to promote the understanding of the legacies 
of Jamestown and for such purpose shall be paid to the James- 
town- Yorktown Foundation of the Commonwealth of Virginia. 

(2) Other purposes for surcharges.— 

(A) In general. — V2 of the surcharges shall be used 
for the following purposes: 

(i) To sustain the ongoing mission of preserving 
Jamestown. 

(ii) To enhance national and international edu- 
cational programs relating to Jamestown, Virginia. 

(iii) To improve infrastructure and archaeological 
research activities relating to Jamestown, Virginia. 

(iv) To conduct other programs to support the 
commemoration of the 400th anniversary of the settle- 
ment of Jaunestown, Virginia. 

(B) Recipients of surcharges for such other pur- 
poses. — ^The surcharges referred to in subparagraph (A) 
shall be distributed by the Secretary in equal shares to 
the following organizations for the purposes described in 
such subparagraph: 

(i) The Secretary of the Interior. 

(ii) The Association for the Preservation of Virginia 
Antiquities. 

(iii) The Jamestown- Yorktown Foundation of the 
Commonwealth of Virginia. 

(c) Audits. — ^The Jamestown- Yorktown Foimdation of the 
Commonwealth of Virginia, the Secretary of the Interior, and the 
Association for the Preservation of Virginia Antiquities shall each 
be subject to the audit requirements of section 5134(f)(2) of title 
31, Umted States Code. 

(d) Limitation. — ^Notwithstanding subsection (a), no surcharge 
may be included with respect to the issuance under this Act of 



174 



118 STAT. 1020 PUBLIC LAW 108-289— AUG. 6, 2004 

any coin during a calendar year if, as of the time of such issuance, 
the issuance of such coin would result in the number of commemora- 
tive coin programs issued during such year to exceed the annual 
2 commemorative coin program issuance limitation imder section 
5112(mXl) of title 31, United States Code (as in eflfect on the 
date of the enactment of this Act). The Secretary of the Treasury 
may issue guidance to carry out this subsection. 

Approved August 6, 2004. 



LEGISLATIVE HISTORY— H.R. 1914: 

HOUSE REPORTS: No. 108-472, Pt. 1 (Comm. on Pmandal Services) and Ft. 

(Comm. on Ways and Means). 
CONGRESSIONAL RECORD, 

Vol. 150 (2004): 

Jvily 14, considered and passed House. 

July 20, considered and passed Senate. 



o 



175 



118 STAT. 1028 



PUBLIC LAW 108-293— AUG. 9, 2004 



Aug. 9. 2004 
[H.R. 2443] 



Coast Guard and 
Maritime 
Transportation 
Act of 2004. 
14 use 1 note. 



Public Law 108-293 
108th Congress 



An Act 



An Act to authorize appropriationfi for the Coast Guard for iiacal year 2005, to 
amend veu^ous laws administered by the Coast Guard, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE, 

This Act may be referred to as the "Coast Guard and Maritime 
Transportation Act of 2004". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 



Sec. 
Sec. 



1. Short title. 

2. Table of contents. 



TITLE I— AUTHORIZATION 



Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels oi military strength and training. 

TITLE n^COAST GUARD MANAGEMENT 

Sec. 201. Long-term leases. 

Sec. 202. Nonappropriated fund instrumentalities. 

Sec. 203. Term of enlistments. 

Sec. 204. Enlisted member critical skill training bonus. 

Sec. 205. Indemnity for disabling vessels liable to seizure or examination. 

Sec. 206. Administrative, collection, and enforcement costs for certain fees and 

charges. 
Sec. 207. Expansion of Coast Guard housing authorities. 
Sec. 208. Requirement for constructive credit. 
Sec. 209. Maxim\mi ages for retention in an active status. 
Sec. 210. Travel card management. 
Sec. 211. Coast Guard fellows and detailees. 
Sec. 212. Long-term lease of special use real property. 
Sec. 213. National Coast Guard Museum. 
Sec. 214. Limitation on number of commissioned ofBcers. 
Sec. 215. Redistricting notification requirement. 
Sec. 216. Report on shock mitigation standards. 

Sec. 217. Recommendations to Congress by Commandant of the Coast Guard. 
Sec. 218. Coast Guard education loan repayment program. 
Sec. 219. Contingent expenses. 
Sec. 220. Reserve admirals. 
Sec. 221. Confidential investipitive expenses. 
Sec. 222. Innovative construction alternatives. 
Sec. 223. Delegation of port security authority. 
Sec. 224. Fisheries enforcement plans and reporting. 
Sec. 225. Use of Coast Guard and military cmld development centers. 
Sec. 226. Treatment of property owned by auxiliary units and dedicated solely for 

auxiliary use. 

TITLE m— NAVIGATION 

Sec. 301. Markingof underwater wrecks. 

Sec. 302. Use of electronic devices; cooperative agreements. 



176 



PUBLIC LAW 10&-293— AUG. 9, 2004 118 STAT. 1029 

Sec. 303. Inland navigation rules promulgation authority. 
Sec. 304. Saint Lawrence Seaway. 

TITLE IV— SHIPPING 

Sec. 401. Reports from charterers. 

Sec. 402. Removal of mandatory revocation for proved drug convictions in suspen- 
sion and revocation cases. 

Sec. 403. Records of merchant mariners' documents. 

Sec. 404. Exemption of unmanned bau-ges from certain citizenship requirements. 

Sec. 405. Compliance with International Safety Management Code. 

Sec. 406. Penalties. 

Sec. 407. Revision of temporary suspension criteria in document suspension and 
revocation cases. 

Sec. 408. Revision of bases for document suspension and revocation cases. 

Sec. 409. Hours of service on towing vessels. 

Sec. 410. Electronic charts. 

Sec. 411. Prevention of departure. 

Sec. 412. Service of foreign nationals for maritime educational purposes. 

Sec. 413. Claaaification societies. 

Sec. 414. Drug testing reporting. 

Sec. 415. Inspection of towing vessels. 

Sec. 416. Potable water. 

Sec. 417. Transportation of platform jackets. 

Sec. 418. Renewal of advisory groups. 

TITLE V— FEDERAL MARITIME COMMISSION 

Sec. 501. Authorization of appropriations for Federal Maritime Commission. 
Sec. 502. Report on ocean snipping information gathering efforts. 

TITLE VI— MISCELLANEOUS 

Sec. 601. Increase in civil penalties for violations of certain bridge statutes. 

Sec. 602. Conveyance of decommissioned Coast Guard cutters. 

Sec. 603. Tonnage measurement. 

Sec. 604. Operation of vessel STAD AMSTERDAM. 

Sec. 605. Great Lakes National Maritime Enhancement Institute. 

Sec. 606. KossCove. 

Sec. 607. Miscellaneous certificates of documentation. 

Sec. 608. Requirements for coastwise endorsement. 

Sec. 609. Correction of references to National Driver Register. 

Sec. 610. Wateree River. 

Sec. 611. Merchant mariners' documents pilot program. 

Sec. 612. Conveyance. 

Sec. 613. Bridge administration. 

Sec. 614. Sense of Con^ss regarding carbon monoxide and watercraft. 

Sec. 615. Mitigation ofpenalty due to avoidance of a certain condition. 

Sec. 616. Certain vessels to be tour vessels. 

Sec. 617. Sense of Congress regarding timely review and adjustment of Great 

Lakes pilotage rates. 

Sec. 618. Westlake chemical barge documentation. 

Sec. 619. Correction to definition. 

Sec. 620. LORAN-C. 

Sec. 621. Deepwater report. 

Sec. 622. Judicial review of National Transportation Safety Board final orders. 

Sec. 623. Interim authority for dry bulk cargo residue disposal. 

Sec. 624. Small passenger vessel report. 

Sec. 625. Conveyance of motor lifeboat. 

Sec. 626. Study on routing measures. 

Sec. 627. Conveyance of light stations. 

Sec. 628. Waiver. 

Sec. 629. Approval of modular accommodation units for living quarters. 

TITLE Vn— AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990 

Sec. 701. Vessel response plans for nontank vessels over 400 gross tons. 

Sec. 702. Requirements for tank level and pressure monitoring devices. 

Sec. 703. Liability and cost recovery. 

Sec. 704. Oil SpiU Recovery Institute. 

Sec. 705. Alternatives. 

Sec. 706. Authority to settle. 

Sec. 707. Report on implementation of the Oil Pollution Act of 1990. 

Sec. 708. Loans for fishermen and aquaculture producers impacted by oil spills. 

TITLE VIU— MARITIME TRANSPORTATION SECURITY 
Sec. 801. Enforcement. 



177 



118 STAT. 1030 PUBLIC LAW 108-293— AUG. 9, 2004 

Sec. 802. In rem liability for civil penalties and costs. 

Sec. 803. Maritime information. 

Sec. 804. Maritime transportation security grants. 

Sec. 805. Security assessment of waters under the jurisdiction of the United States. 

Sec. 806. Membership of Area Maritime Security Advisory Committees. 

Sec. 807. Joint operational centers for port security. 

Sec. 808. Investigations. 

Sec. 809. Vessel £ind intennodal security reports. 

TITLE I— AUTHORIZATION 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for fiscal year 2005 
for necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, 
$5,404,300,000, of which $25,000,000 is authorized to be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 1990. 

(2) For the acquisition, construction, rebuilding, and 
improvement of aids to navigation, shore and offshore facilities, 
vessels, and aircreift, including equipment related thereto, 
$1,500,000,000, of which— 

(A) $23,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990), to remain 
available until expended; 

(B) $1,100,000,000 is authorized for acquisition and 
construction of shore and offshore facilities, vessels, and 
aircraft, including equipment related thereto, and other 
activities that constitute the Integrated Deepwater System; 
and 

(C) $161,000,000 shall be available for Rescue 21. 

(3) For research, development, test, and evaluation of tech' 
nologies, materials, and human factors directly relating to 
improving the performance of the Coast Guard's mission in 
search and rescue, aids to navigation, marine safety, marine 
environmental protection, enforcement of laws and treaties, 
ice operations, oceanographic research, and defense readiness, 
$24,200,000, to remain available until expended, of which 
$3,500,000 shall be derived from the Oil Spill Liability Trust 
Fimd to carry out the purposes of section 1012(a)(5) of the 
Oil Pollution Act of 1990. 

(4) For retired pay (including the payment of obligations 
otherwise chargeable to lapsed appropriations for this purpose), 
payments under the Retired Serviceman's Family Protection 
and Survivor Benefit Plans, and payments for medical care 
of retired personnel and their dependents imder chapter 55 
of title 10, LFnited States Code, $1,085,460,000, to remain avail- 
able until expended. 

(5) For alteration or removal of bridges over navigable 
waters of the United States constituting obstructions to naviga- 
tion, and for personnel and adnunistrative costs associated 
with the Bridge Alteration Program, $19,650,000, of which — 

(A) $17,150,000, to remain available until expended; 
and 
Massachusetts. (B) $2,500,000, to remain available until expended, 

which may be utilized for construction of a new Chelsea 



178 



118 STAT. 1050 PUBLIC LAW 108-293— AUG. 9, 2004 

efforts. The Commission shall include in the report recommenda- 
tions on how the Conunission's ocean shipping information could 
be better utilized by it and other Federed agencies to improve 
port security. 

TITLE VI— MISCELLANEOUS 

SEC. 601. INCREASE IN CIVIL PENALTIES TOR VIOLATIONS OF CERTAIN 
BRIDGE STATUTES. 

(a) General Bridge Act of 1906.— Section 5(b) of Act of March 
23, 1906 (chapter 1130; 33 U.S.C. 495), popularly known as the 
General Bridge Act, is amended by striking $1,000" and inserting 
"$5,000 for a violation occvurring in 2004; $10,000 for a violation 
occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 
for a violation occuning in 2007; and $25,000 for a violation o'cciu-- 
ring in 2008 and any year thereafter". 

(b) DRAWBRroGES. — Section 5(c) of the Act entitled "An Act 
making appropriations for the construction, repair, and preservation 
of certain public works on rivers and harbors, and for other pur- 
poses", approved August 18, 1894 (33 U.S.C. 499(c)), is amended 
by striking "$1,000" and inserting "$5,000 for a violation occurring 
in 2004; $10,000 for a violation occurring in 2005; $15,000 for 
a violation occxnrring in 2006; $20,000 for a violation occurring 
in 2007; and $25,000 for a violation occurring io 2008 and any 
year thereafter". 

(c) Alteration, Removal, or Repair of Bridges.— Section 
18(c) of the Act entitled "An Act making appropriations for the 
construction, repair, and preservation of certain public works on 
rivers and harbors, and for other purposes", approved March 3, 
1899 (33 U.S.C. 502(c)) is amended by striking "$1,000" and 
inserting "$5,000 for a violation occurring in 2004; $10,000 for 
a violation occurring in 2005; $15,000 for a violation occurring 
in 2006; $20,000 for a violation occurring in 2007; and $25,000 
for a violation occurring in 2008 and any year thereafter". 

(d) General Bridge Act of 1946.— Section 510(b) of the Gen- 
eral Bridge Act of 1946 (33 U.S.C. 533(b)) is amended by striking 
"$1,000" and inserting "$5,000 for a violation occxirring in 2004; 
$10,000 for a violation occurring in 2005; $15,000 for a violation 
occurring in 2006; $20,000 for a violation occurring in 2007; and 
$25,000 for a violation occurring in 2008 and any year thereafter". 

SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUT- 
TERS. 

(a) In General. — ^The Commandant of the Coast Guard may 
convey all right, title, and interest of the United States in and 
to a vessel described in subsection (b) to the person designated 
in subsection (b) with respect to the vessel (in this section referred 
to as the "recipient"), without consideration, if the person complies 
with the conditions under subsection (c). 

(b) Vessels Described. — ^The vessels referred to in subsection 
(a) are the following: 

(1) The Coast Gviard Cutter BRAMBLE, to be conveyed 
to the Port Huron Musexun of Arts and History (a nonprofit 
corporation under the laws of the State of Michigan), located 
in Port Hvuron, Michigan. 



179 



118 STAT. 1058 



PUBLIC LAW 108-293— AUG. 9, 2004 



Applicability. 

Deadline. 
46 use 12106 
note. 



33 use 59kk. 



46 use 7302 
note. 



Alaska. 



12106(f)(3)(A)(iii) of title 46, United States Code, for a vessel if 
the person that owns the vessel (or, if the vessel is owned by 
a trust or similar arrangement, the beneficiary of the trust or 
similar arrangement) notifies the Secretary that circumstances 
beyond the direct control of such person or its affiliates prevent, 
or reasonably threaten to prevent, such person firom satisfying 
such requirement, and the Secretary does not, with good cause, 
determine otherwise. The waiver or reduction shall apply during 
the period of time that such circumstances exist. 

(e) Regulations. — No later than one year after the date of 
the enactment of this Act, the Secretary of the department in 
which the Coast Guard is operating shall prescribe final relations 
to carry out this section, including amendments made by this section 
to section 12106 of title 46, United States Code. 

SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REG- 
ISTER. 

Title 46, United States Code, is amended — 

(1) in section 7302— 

(A) by striking "section 206(b)(7) of the National Driver 
Register Act of 1982 (23 U.S.C. 401 note)" and inserting 
"30305(bX5) of title 49"; and 

(B) by striking "section 205(a)(3)(A) or (B) of that Act" 
and inserting "30304(a)(3)(A) or (B) of title 49"; 

(2) in section 7702(d)(l)(B)(iii) by striking "section 
205(aX3)(A) or (B) of the National Driver Register Act of 1982" 
and inserting "section 30304(aX3XA) or (B) of title 49"; and 

(3) in section 7703(3) by striking "section 205(a)(3XA) or 
(B) of the National Driver Register Act of 1982" and inserting 
"section 30304(a)(3)(A) or (B) of title 49". 

SEC. 610. WATEREE RTVER. 

For purposes of bridge administration, the portion of the 
Wateree River in the State of South Carolina, fi"om a point 100 
feet upstream of the railroad bridge located at approximately mile 
marker 10.0 to a point 100 feet downstream of such bridge, is 
declared to not be navigable waters of the United States for pur- 
poses of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). 

SEC. 611. MERCHANT MARINERS' DOCUMENTS PILOT PROGRAM. 

The Secretary of the department in which the Coast Guard 
is operating may conduct a pilot progreim to demonstrate methods 
to improve processes and procediures for issuing merchant mariners' 
documents. 

SEC. 612. CONVEYANCE. 

(a) Authority To Convey. — 

(1) In general. — ^Notwithstanding any other provision of 
law, the Secretary of the department in which the Coast Guard 
is operating shall convey, by an appropriate means of convey- 
ance, all right, title, and interest of the United States in and 
to Sentinel Island, Alaska, to the entity to which the Sentinel 
Island Light Station is conveyed under section 308(b) of the 
National Historic Preservation Act (16 U.S.C. 470w-7(b)). 

(2) Identification of property,— The Secretary may iden- 
tify, describe, and determine the property to be conveyed under 
this subsection. 



180 



PUBLIC LAW 108-293— AUG. 9, 2004 118 STAT. 1059 

(3) Limitation. — ^The Secretary may not under this section 
convey — 

(A) any historical artifact, including any lens or lan- 
tern, located on property conveyed under this section at 
or before the time of the conveyance; or 

(B) any interest in submerged land. 
(b) General Terms and Conditions.— 

(1) In general. — ^Any conveyance of property imder this 
section shall be made — 

(A) without payment of consideration; and 

(B) subject to the terms and conditions required by 
this section and other terms and conditions the Secretary 
may consider appropriate, including the reservation of ease- 
ments and other rights on behalf of the United States. 

(2) Reversionary interest. — In addition to any term or 
condition established under this section, any conveyance of 
property under this section shall be subject to the condition 
that all right, title, and interest in the property, at the option 
of the Secretary shall revert to the United States and be placed 
under the administrative control of the Secretary, if— 

(A) the property, or any part of the property — 

(i) ceases to be available and accessible to the 
public, on a reasonable basis, for educational, park, 
recreational, cultural, historic preservation, or other 
similar purposes specified for the property in the terms 
of conveyance; 

(ii) ceases to be maintained in a manner that is 
consistent with its present or future use as a site 
for Coast Guard aids to navigation or comphance with 
this section; or 

(iii) ceases to be maintained in a manner consistent 
with the conditions in paragraph (4) established by 
the Secretary pursuant to the National Historic 
Preservation Act (16 U.S.C. 470 et seq.); or 

(B) at least 30 days before that reversion, the Secretary Deadline, 
provides written notice to the owner that the property Notification. 
IS needed for national security purposes. 

(3) Maintenance of navigation functions.— Any convey- 
ance of property under this section shall be made subject to 
the conoitions that the Secretary considers to be necessary 
to assxire that — 

(A) the lights, antennas, and associated equipment 
located on the property conveyed that are active aids to 
navigation shall continue to be operated and maintained 
by the United States for as long as they are needed for 
this purpose; 

(B) the owner of the property may not interfere or 
eillow interference in any manner with aids to navigation 
without express written permission firom the Commandant 
of the Coast Guard; 

(C) there is reserved to the United States the right 
to relocate, replace, or add any aids to navigation or make 
any changes to the property conveyed as may be necessary 
for navigational purposes; 

(D) the Umted States shall have the right, at any 
time, to enter the property without notice for the purpose 
of operating, maintaimng, and inspecting aids to navigation 



181 



118 STAT. 1060 PUBLIC LAW 108-293— AUG. 9, 2004 

and for the purpose of enforcing compliance with this sub- 
section; and 

(E) the United States shall have an easement of access 
to and across the property for the purpose of maintaining 
the aids to navigation in use on the property. 
(4) Maintenance of property.— 

(A) In general. — Subject to subparagraph (B), the 
owner of a property conveyed under this section shall main- 
tain the property in a proper, substantial, and workmanlike 
manner, and in accordance with any conditions established 
by the Secretary pursuant to the National Historic 
Preservation Act (16 U.S.C. 470 et seq.) and other 
applicable laws. 

(B) Limitation. — The owner of a property conveyed 
imder this section is not required to maintain any active 
aids to navigation on the property, except private aids 
to navigation authorized under section 83 of title 14, United 
States Code. 

(c) Definitions. — In this section, the following definitions 
apply: 

(1) Aids to navigation.— The term "aids to navigation" 
means equipment used for navigation purposes, including a 
light, antenna, radio, sound signal, electronic navigation equip- 
ment, or other associated equipment that are operated or main- 
tained by the United States. 

(2) Owner. — The term "owner" means, for property con- 
veyed under this section, the person to which property is con- 
veyed under subsection (aXl), and any successor or assign 
of that person. 

SEC. 613. BRIDGE ADMINISTRATION. 

Section 325(b) of the Department of Transportation and Related 
Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96 Stat. 1765) 
is amended by striking "provides at least thirty feet of vertical 
clearance Columbia Kiver datum and at least eighty feet of hori- 
zontal clearemce, as" and inserting "is so". 

SEC. 614. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND 
WATERCRAFT. 

It is the sense of the Congress that the Coast Guard should 
continue — 

(1) to place a high priority on addressing the safetv risks 
posed to boaters by elevated levels of carbon monoxide that 
are unique to watercraft; and 

(2) to work with vessel and engine manufacturers, the 
American Boat & Yacht Council, other Federal agencies, and 
the entire boating community in order to determine the best 
ways to adequately address this public safety issue and mini- 
mize the number of tragic carbon monoxide-related boating 
deaths that occur each year. 

SEC. 615. mitigation OF PENALTY DUE TO AVOIDANCE OF A CERTAIN 

condition. 

(a) Treatment of Violation. — ^For purposes of any administra- 
tive proceeding to consider mitigation of any civil penalty for a 
violation described in subsection (b), such violation is deemed to 
have been committed by reason of a safety concern. 



182 



PUBLIC LAW 108-293— AUG. 9, 2004 118 STAT. 1061 

(b) Violation Described. — ^A violation referred to in subsection 
(a) is any violation of the Act of June 19, 1886 (chapter 421; 
46 App. U.S.C. 289), occurring before April 1, 2003, and consisting 
of operation of a passenger vessel in transporting passengers 
between the Port of New Orleans and another port on the Gulf 
of Mexico at a time when the master of the vessel determined 
that the vertical clearance on the Mississippi River at Chalmette, 
Louisiana, was insufficient to allow the safe return transport of 
passengers on that vessel to the Port of New Orleans. 

(c) Related Penalty Amount. — ^Any civil penalty assessed for 
a violation of that Act by a vessel described in subsection (b), 
that was committed when that vessel was repositioning to the 
Port of New Orleans in July 2003, shall be mitigated to an amount 
not to exceed $100 per passenger. 

SEC. 616. CERTAIN VESSELS TO BE TOUR VESSELS. 

(a) Vessels Deemed Tour Vessels.— Notwithstanding any Alaska, 
other law, a passenger vessel that is not less than 100 gross 

tons and not greater than 300 gross tons is deemed to be a tour 
vessel for the purpose of permit allocation regulations under section 
3(h) of PubUc Law 91-383 (16 U.S.C. la-2(h)) and section 3 of 
the Act of August 25, 1916 (16 U.S.C. 3), with respect to vessel 
operations in Glacier Bay National Park and Preserve, Alaska 
(in this section referred to as "Glacier Bay"), if the Secretary of 
the department in which the Coast Guard is operating determines 
that the vessel — 

(1) has equipment installed that permits all graywater 
and blackwater to be stored on board for at least 24 hours; 

(2) has a draft of not greater than 15 feet; 

(3) has propulsion equipment of not greater than 5,000 
horsepower; and 

(4) is docvunented imder the laws of the United States. 

(b) Reallocation of Permits.— 

(1) Reallocation required.— Subject to paragraph (2), 
the Secretary of the Interior, upon application by the operator 
of a passenger vessel deemed to be a tour vessel under sub- 
section (a), shall reallocate to that vessel any available tour 
vessel concession permit not used by another vessel, if at the 
time of application that permit is not sought by a tour vessel 
of less than 100 gross tons. 

(2) Limitations. — No more than three passenger vessels 
that are deemed to be a tour vessel under subsection (a) may 
hold a tour vessel concession permit at any given time, and 
no more than one such vessel may enter Glacier Bay on any 
particular date. 

(c) Compliance With Vessel Requirements. — 

(1) Requirement to comply.— Except as otherwise pro- 
vided in this section, a vessel reallocated a tour vessel conces- 
sion permit under this section shall comply with all regulations 
and requirements for Glacier Bay applicable to vessels of at 
least 100 gross tons. 

(2) Revocation of permit.— The Secretary of the Interior 
may revoke a tour vessel concession permit reallocated to a 
vessel under this section if that vessel — 

(A) discharges graywater or blackwater in Glacier Bay; 
or 



183 



118 STAT. 1062 



PUBLIC LAW 108-293— AUG. 9, 2004 



(B) violates a vessel operating requirement for Glacier 

Bay that applies to vessels that are at least 100 gross 

tons, including restrictions pertaining to speed, route, and 

closed waters. 

(d) Treatment of Entries Into Glacier Bay.— An entry into 

Glacier Bay by a vessel reallocated a tour vessel concession permit 

under this section shall count against the daily vessel quota and 

seasonal-use days applicable to entries by tour vessels and shall 

not count against the deiily vessel quota or seasoned-use days of 

any other class of vessel. 

SEC, 617. SENSE OF CONGRESS REGARDING TEVBELY REVIEW AND 
ADJUSTMENT OF GREAT LAKES PILOTAGE RATES. 

It is the sense of the Congress that the Secretary of the depart- 
ment in which the Coast Guard is operating should, on a timely 
basis, review and adjust the rates payable under part 401 of title 
46, Code of Federal Kegulations, for services performed by United 
States registered pilots on the Great Lakes. 

SEC. 618. WESTLAKE CHEMICAL BARGE DOCUMENTATION. 

Notwithstanding section 27 of the Merchant Marine Act, 1920 
(46 App. U.S.C. 883) and section 12106 of title 46, United States 
Code, the Secretary of the department in which the Coast Guard 
is operating may issue a certificate of documentation with appro- 
priate endorsement for employment in the coastwise trade for each 
of the following vessels: 

(1) Barge WCAO-101 (United States ofificial number 
506677). 

(2) Barge WCAQ-102 (United States official number 
506851). 

(3) Barge WCAO-103 (United States official nvmiber 
506852). 

(4) Barge WCAO-104 (United States official number 
507172). 

(5) Barge WCAO-105 (United States official number 
507173). 

(6) Barge WCAO-106 (United States official number 
620514). 

(7) Barge WCAO-107 (United States official niunber 
620515). 

(8) Barge WCAO-108 (United States official number 
620516). 

(9) Barge WCAO-3002 (United States official number 
295147). 

(10) Barge WCAO-3004 (United States official number 
517396). 

8 use 1701. SEC. 619. CORRECTION TO DEFINITION. 

Paragraph (4) of section 2 of the Enhanced Border Security 
and Visa Entry Reform Act of 2002 (Public Law 107-173) is 
amended by striking subparagraph (G) and inserting the following: 
"(G) The Coast Guard.". 

SEC. 620. LORAN-C. 

There are authorized to be appropriated to the Department 
of Transportation, in addition to funds authorised for tne Coast 
Guard for operation of the LORAN-C system, for capital expenses 
related to LORAN-C navigation infrastructure, $25,000,000 for 



184 



118 STAT. 1066 PUBLIC LAW 108-293— AUG. 9, 2004 

vessel routing measures for reducing vessel strikes of North 
Atlantic Right Whales, as described in the notice pubhshed 
at pages 30857 through 30861 of volume 69 of the Federal 
Register; and 
Deadline. (2) within 18 months after the date of the enactment of 

Reports. this Act, shall provide a final report of its analysis to the 

Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastruc- 
ture of the House of Representatives. 

SEC. 627. CONVEYANCE OF UGHT STATIONS. 

Section 308(c) of the National Historic Preservation Act (16 
U.S.C. 470w-7(c)) is amended by adding at the end the following: 

"(4) Light stations originally conveyed under other 
AUTHORITY. — ^Upon receiving notice of an executed or intended 
conveyance by an owner who — 

"(A) received from the Federal Government imder 

authority other than this Act an historic light station in 

which the United States retains a reversionary or other 

interest; and 

"(B) is conveying it to another person by sale, gift, 

or any other manner, 
the Secretary shall review the terms of the executed or proposed 
conveyance to ensure that any new owner is capable of or 
is complyiiig with any and all conditions of the origmal convey- 
ance. The Secretary may require the parties to the conveyance 
and relevant Federal agencies to provide such information as 
is necessary to complete this review. If the Secretary determines 
that the new owner has not or is unable to comply with those 
conditions, the Secretary shall immediately advise the Adminis- 
trator, who shall invoke any reversionary interest or take such 
other action as may be necessary to protect the interests of 
the United States.". 

SEC. 628. WAIVER. 

The Secretary of the department in which the Coast Guard 
is operating may waive the application of section 2101(21) of title 
46, United States Code, with respect to one of two adult chaperones 
who do not meet the requirements of subparagraph (A)(i), (ii), 
or (iii) of such section on board each vessel owned or chartered 
by the Florida National High Adventure Sea Base program of 
tne Boy Scouts of America, u the Secretary determines that such 
a waiver will not compromise safety. 

SEC. 629. APPROVAL OF MODULAR ACCOMMODATION UNITS FOR 
LIVING QUARTERS. 

(a) In General. — The Secretary of the department in which 
the Coast Guard is operating shall approve the use of a modular 
accommodation unit on a floating offshore facility to provide accom- 
modations for up to 12 individuals, if — 

(1) the unit is approximately 12 feet in length and 40 
feet in width; 

(2) before March 31, 2002— 

(A) the Secretary approved use of the vmit to provide 
accommodations on such a facility; and 

(B) the unit was used to provide such accommodations; 
and 



185 



118 STAT. 1088 



PUBLIC LAW 108-293— AUG. 9, 2004 



Deadlines. 



Beports. 



46 use 70101 
note. 



shall, within 90 days, submit a report to the Committee on Com- 
merce, Science, and Transportation of the Senate and the Com- 
mittee on Transportation and Infrastructure House of Representa- 
tives on what actions will be taken to correct deficiencies identified 
in the Inspector General Report. 

(i) CfoMPLiANCE With Secukity Standards Estabushed 
Pursuant to Maritime Transportation Security Plans.— Within 
180 days afl;er the date of the enactment of this Act and annually 
thereafter, the Secretary of the department in which the Coast 
Guard is operating shall prepare a report on compUance and steps 
taken to ensure compliance by ports, terminals, vessel operators, 
and shippers with security standards estabUshed pursuant to sec- 
tion 70103 of title 46, United States Code. The reports shall also 
include a svmunary of security standards estabUshed pursuant to 
such section during the previous year. The Secretary shall submit 
the reports to the Committee on Commerce, Science, and Transpor- 
tation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 

(i) Empty Containers.— The Secretary of the department in 
which the Coast Guard is operating shall prepare a report on 
the practice and pohcies in place at United States ports to secure 
shipment of empty containers and trailers. The Secretary shall 
include in the report recommendations with respect to whether 
additional Federal actions are necessary to ensure the safe and 
secure delivery of cargo and to prevent potential acts of terrorism 
involving such containers and trailers. 

(k) Report and Plan FoRMATS.-^-The Secretary and the 
Inspector Greneral of the department in which the Coast Guard 
is operating may submit any plan or report required by this section 
in both classified and redacted formats, if the Secretary determines 
that it is appropriate or necessary. 



Approved August 9, 2004. 



LEGISLATIVE fflSTORY— H.R. 2443 (S. 733): 

HOUSE REPORTS: Nob. 108-233 (Coram, on Transportation and Infrastructure) 

and 108-617 (Conun. of Conference). 
SENATE REPORTS: No. 108-202 accompanjang S. 733 (Comm. on Commerce, 

Science, and Transportation). 
CONGRESSIONAL RECORD: 

Vol. 149 (2003): Nov. 6, considered and passed House. 
Vol. 150 (2004): Mar. 30, considered ana passed Senate, amended. 
July 21, House agreed to conference report. 
July 22, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 40 (2004): 
Aug. 9, Presidential statement. 



o 



186 



PUBLIC LAW 108-307— SEPT. 24, 2004 



118 STAT. 1133 



Public Law 108-307 
108th Congress 



An Act 



To revise the boundary of Harpers Ferry National Historical Park, and for other 
■''■' purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Harpers Ferry National Historical 
Park Boundary Revision Act of 2004". 

SEC. 2. HARPERS FERRY NATIONAL fflSTORICALPAHK- 

The first section of the Act of June 30, 1944 (58 Stat. 645, 
chapter 328; 16 U.S.C. 450bb), is amended to read as follows: 

"SECTION 1. HARPERS FERRT NATIONAL HISTORICAL PARK. 

"(a) In General. — ^To cany out the purposes of this Act, the 
Secretary of the Interior (referred to in this Act as the 'Secretary*) 
is authorized to acquire, by purchase from a willing seller with 
donated or appropriated funds, by donation, or by exchange, land 
or an interest in land within the boundaries as generally depicted 
on the map entitled "Boundary Map, Harpers Ferry National Histor- 
ical Park', numbered 385-80,021A, and dated April 1979. 

"(b) Bradley Mm Ruth Nash Addition.— The Secretary is 
authorized to acquire, by donation only, approximately 27 acres 
of land or interests in land that are outside the boundary of the 
Harpers Ferry National Historical Park and generally depicted 
on the map entitled "Proposed Bradley and Ruth Nash Addition — 
Harpers Ferry National Historical Park', numbered 385-80056, emd 
dated April 1, 1989. 

"(c) Boundary Expansion.— 

"(1) In general. — The Secretary is authorized to acquire, 
by purchase fi-om a willing seller with donated or appropriated 
funds, by donation, or by exchange, land or an interest in 
land wittiin the tu-ea depicted as 'Private Lands' on the map 
entitled 'Harpers Ferry National Historical Park Proposed 
Boundary Expansion', nmnbered 385/80,126, and dated July 
14, 2003. 

"(2) Administration.— The Secretary shall— 

"(A) transfer to the National Park Service for inclusion 
in the Harpers Ferry National Historical Park (referred 
to in this Act as the 'Park') the land depicted on the 
map referred to in paragraph (1) as tJ.S. Fish and Wildlife 
Service Lands' and revise the boundary of the Park accord- 
ingly; and 



Sept. 24, 2004 
[S. 1576] 



Harpers Ferry 
National 
Historical Park 
Boundary 
ReviEfion Act 
of 2004. 
West Virginia. 
16 use fsobb 
note. 



187 



118 STAT. 1134 PUBLIC LAW 108-307— SEPT. 24, 2004 

"(B) revise the boundary of the Park to include the 

land depicted on the map referred to in paragraph (1) 

as 'Appalachian NST* and exclude that land from the 

boundary of the Appalachian National Scenic Trail. 

"(d) Maximum Number of Acres.— The number of acres of 

the Park shall not exceed 3,745. 

"(e) Maps. — ^The maps referred to in this section shall be on 
file and available for pubhc inspection in the appropriate offices 
of the National Park Service. 

"(f) Acquired Land. — Land or an interest in land acquired 
under this section shall become a part of the Park, subject to 
the laws (including regulations) applicable to the Park. 

"(g) Authorization of Appropriations.— There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. . 

SEC. 3. CONFORMING AMENDMENTS. 

Sections 2 and 3 of the Act of June 30, 1944 (58 Stat. 646, 
chapter 328; 16 U.S.C. 450bb-l, 450bb-2), are amended by striking 
"Secretary of the Interior" each place it appears and inserting 
"Secretaiy". 

Approved September 24, 2004. 



legislative history— S. 1576: 

house REPORTS: No. 10&-655 (Comm. on Resources). 

SENATE REPORTS: No. 108-236 (Comm. on Energy and Natural Resources). 

congressional RECORD. Vol. 150 (2004): 

May 19, considered ana passed Senate. 

Sept. 13, considered and passed House. 



o 



188 



118 STAT. 1194 



PUBLIC LAW 108-312— OCT. 5, 2004 



Public Law 108-312 
108th Congress 



Oct. 5, 2004 
[H.R. 265] 



Mount Rainier 
National Park 
Boundary 
AcUustment Act 
of 2004. 
Washington. 
16 use 91 note. 

16 use llOd 
note. 



leusciiod. 



An Act 



To provide for an adjustment of the boundaries of Mount Rainier National Park, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Mount Rainier National Park 
Boxmdary Adjustment Act of 2004". 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) The Carbon River watershed within Pierce County in 
the State of Washin^^ton has unique qualities of ecological, 
economic, and educational importance, including clean water, 
productive salmon streams, important wildlife habitat, active 
geologic processes, outdoor recreational opportunities, scenic 
beauty, educational opportunities, and diverse economic 
opportunities. 

(2) Moimt Rainier National Park is one of the premier 
attractions in the State of Washington, providing recreational, 
educational, and economic opportunities that wiQ be enhanced 
by the construction of new campgrounds and visitor contact 
facilities in the Carbon River valley outside old-growth forest 
habitats and above the flood plain. 

(3) Coordination of management across national forest and 
national park lands in this corridor will enhance the conserva- 
tion of the forest ecosystem and public enjoyment of these 
public lands. 

(4) Protection and development of historic and recreational 
facilities in the Carbon River valley, such as trails and visitor 
centers, can be facilitated by the National Park Service. 

SEC. 3. MOUNT RAINIER NATIONAL PARK BOUNDARY ADJUSTMENT. 

(a) Boundary Adjustment.— The boundary of Mount Rainier 
National Park is modified to include the area within the boundary 
generally depicted on the map entitled "Mount Rainier National 
Park, Carbon River Boundary Adjustment", numbered 105/92,002B, 
and dated J\ine 2003. The Secretary of the Interior shall keep 
the map on file in the appropriate offices of the National Park 
Service. 

(b) Land Acquisition.— The Secretary of the Interior may 
acquire, only with the consent of the owner, by donation, purchase 
witn donated or appropriated fimds, or exchange — 



189 



PUBLIC LAW 108-312— OCT. 5, 2004 118 STAT. 1195 

(1) land or interests in land, totaling not more than 800 
acres, and improvements thereon within the boundary generally 
depicted on tne map referred to in subsection (a) for develop- 
ment of camping and other recreational facilities; and 

(2) land or interests in Itmd, totaling not more than one 
acre, and improvements thereon in the vicinity of Wilkeson, 
Washington, for a facility to serve visitors to public lands 
along the Carbon and Mowich Corridors. 

(c) Administration of Acquired Lands.— Lands acquired 
under this section shall be administered by the Secretary of the 
Interior as part of Mount Rainier National Park in accordance 
with applicable laws and regulations. 

SEC. 4. ASSOCIATED LANDS. 

The Secretary of Agriculture shall manage that portion of the 
Mt. Baker-Snoqualmie National Forest lying adjacent to Mt. Rainier 
National Park, as identified on the map referred to in section 
3(a), to maintain the area's natural setting in a manner consistent 
with its management as of June 1, 2003. 

Approved October 5, 2004. 



LEGISLATIVE mSTORY— RR. 265: 

HOUSE REPORTS: No. 108-495 (Comm. on Resources). 

SENATE REPORTS: No. 108-330 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD, VoL 150 (2004): 

June 1, considered and passed House. 

Sept. 15, considered ana passed Senate. 



o 



190 



118 STAT. 1196 



PUBLIC LAW 108-313— OCT. 5, 2004 



Oct. 5. 2004 
[H.R. 1521] 



Johnstown Flood 

National 

Memorial 

Boiindary 

Adjustment Act 

of 2004. 

16 use 431 note. 



Public Law 108-313 
108th Congress 



An Act 



To provide for additional lands to be included within the boundary of the Johnstown 
Flood National Memorial in the State of Pennsylvania, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Johnstown Flood National Memo- 
rial Boundary Adijustment Act of 2004". 

SEC. 2. BOUNDARY OF JOHNSTOWN FLOOD NATIONAL MEMORIAL. 

The boimdary of the Johnstown Flood National Memorial 
("Memorial") is modified to include the area as generally depicted 
on the map entitled "Johnstown Flood National Memorial, Cambria 
County, Commonwealth of Pennsylvania", numbered N.E.R.O. 427/ 
80,008 and dated June, 2003. The map shall be on file and available 
for inspection in the appropriate offices of the National Park Service, 
Department of the Interior. 

SEC. 3. ACQUISITION OF LANDS. 

The Secretary of the Interior ("Secretary^') is authorized to 
acquire fi"om willing sellers the land or interests in land as described 
in section 2 by donation, purchase with donated or appropriated 
funds, or exchange. 

SEC. 4. ADMINISTRATION OF LANDS. 

Lands added to the Memorial by section 2 shall be administered 
by the Secretary as part of the Memorial in accordance with 
apphcable laws and regulations. 



191 



PUBLIC LAW 108-313— OCT. 5, 2004 118 STAT. 1197 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

In addition to amounts otherwise made available for land 
acquisition, there are authorized to be appropriated such sums 
as may be necessary to carry out the purposes of this Act. 

Approved October 5, 2004. 



LEGISLATIVE HISTORY— H.R. 1521: 

HOUSE REPORTS: No. 10&-301 (Comm. on Resources). 

SENATE REPORTS: No. 10&-276 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 149 (2003): Oct. 15, considered and passed House. 

Vol. 150 (2004): Sept. 15, considered and passed Senate. 



o 



192 



118 STAT. 1198 PUBLIC LAW 108-314— OCT. 5, 2004 



Public Law 108-314 
108th Congress 

An Act 

Orf B 9nfU '^'^ authorize the exchange of certain lands within the Martin Luther King, Junior, 
— y ' — National Historic Site for lands owned by the City of Atlanta, Georgia, and 
[H.R. 1616] for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Martin Luther the United States of America in Congress assembled, 

Kin£, Junior, 

National Historic SECTION 1. SHORT TITLE. 

Exdi^eAct '^^ ^^ °*^y ^ ^^^ ^ *^® "Martin Luther Ring, Junior, 

16 usu 461 note. National Historic Site Land Exchange Act". 

SEC. 2. FINDINGS AND PURPOSE. 

(a) Findings. — Congress finds the following: 

(1) Public Law 96-438 established the Martin Luther King, 
Junior, National Historic Site, and allows acquisition, by dona- 
tion only, of lands owned by the State. 

(2) "lihe National Park Service owns a vacant lot that has 
no historic significance. The City of Atlanta has expressed 
interest in acquiring this property to encourage commercial 
development along Edgewood Avenue. 

(3) The National Historic Site Visitor Center and Museum 
is land-locked and has no emergency ingress or egress, making 
it virtujQly impossible for firefignting equipment to reach. 

(4) The acquisition of city-owned property would enable 
the National Park Service to estabUsh easy street access to 
the National Historic Site Visitor Center and Musemn, and 
would benefit the City by exchanging a piece of property that 
the City could develop. 

(b) Purpose. — ^The purpose of this Act is to authorize the 
exchange of certain lands within the Martin Luther King, Junior, 
National Historic Site for lands owned by the City of Atlanta, 
Georgia. 



193 



PUBLIC LAW 108-314— OCT. 5, 2004 118 STAT. 1199 

SEC. 3. LAND EXCHANGE. 

Section 2(b)(1) of the Act of October 10, 1980 (Public Law 
96-428; 94 Stat. 1839; 16 U.S.C. 461 note) is amended by striking 
the period and inserting "or exchange.". 

Approved October 5, 2004. 



LEGISLATIVE HISTORY— H.R. 1616: 

HOUSE REK)RTS: No. 108-255 (Coiran. on Resources). 

SENATE REPORTS: No. lOa-332 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 149 (2003): Oct. 28, considered and passed House. 

Vol. 150 (2004): Sept. 15, considered and passed Senate. 



o 



194 



118 STAT. 1214 PUBLIC LAW 108-321— OCT. 5, 2004 



Oct. 5, 2004 
[H.R. 3768] 



Public Law 108-321 
108th Congress 

An Act 

To expand the Timucuan Ecological and Historic Preserve, Florida. 



Be it enacted by the Senate and House of Representatives of 
Timucuan the United States of America in Congress assembled, 

Hi^tom Prererve SECTION 1. SHORT TITLE. 

RelSion^t of ^'^^ ^'^^ ^^^ ^ cited as the "Timucuan Ecological and Historic 

2004. Preserve Boundary Revision Act of 2004". 

16 use 698n g^^, ^ REVISION OF BOUNDARY OF TIMUCUAN ECOLOGICAL AND HIS- 

TORIC PRESERVE, FLORIDA. 

Section 201(a) of Public Law 100-249 (16 U.S.C. 698n) is 
amended — 

(1) by striking "(a) Establishment.— There is hereby" and 
inserting the following: 

"(a) Establishment.— 

"(1) In GENERAL.— There is"; and 

(2) by adding at the end the following: 
"(2) MODIFICATION OF BOUNDARY.— 

"(A) In GENERAL. — ^In addition to the land described 
in paragraph (l),Jthe Preserve shall include approximately 
8.5 acres of land located in Nassau County, Florida, as 
generally depicted on the map entitled Timucvian 
Ecologfical ana Historic Preserve American Beach Adjust- 
ment', numbered 006/80012 and dated June 2003. 

"(B) Duties of secretary.— The Secretary of the 
Interior shall — 

"(i) revise the boxmdaries of the Preserve so as 

to encompass the land described in subparagraph (A); 

and 



195 



PUBLIC LAW 108-321— OCT. 5, 2004 118 STAT. 1215 

"(ii) maintain the map described in subparagraph 
(A) on file and available for public inspection in the 
appropriate offices of the National Park Service.". 



Approved October 5, 2004. 



LEGISLATIVE fflSTORY— H.R. 3768: 

HOUSE REPORTS: No. 108-493 (Ckmim. on Resources). 

SENATE REPORTS: No. 108-333 (Comm. on Energy and Natural Resourros). 

CONGRESSIONAL RECORD, Vol. 150 (2004): 

May 17, considered ana passed House. 

Sept. 16, considered and passed Senate. 

o 



196 



118 STAT. 1322 



PUBLIC LAW 108-335— OCT. 18, 2004 



Oct. 18, 2004 



District of 
Columbia 
Appropriations 
Act, 2006. 



Public Law 108-335 
108th Congress 



An Act 



Making appropriations for the govemment of the District of Columbia and other 
activities chargeable in whole or in part against revenues of said District for 
[H.R. 4850] the fiscal year ending September 30, 2005, and for other purposes. 



Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the District of Columbia and related 
agencies for the fiscal year ending September 30, 2005, and for 
other purposes, namely: 

TITLE I— FEDERAL FUNDS 



Beports. 



Federal Payment for REsroENT Tuition Support 

For a Federal payment to the District of Columbia, to be 
deposited into a dedicated account, for a nationwide program to 
be administered by the Mayor, for District of Columbia resident 
tuition support, $25,600,000, to remain available until expended: 
Provided, That such funds, including any interest accrued thereon, 
may be used on behalf of eligible District of Columbia residents 
to pay an amount based upon the difference between in-State EUid 
out-of-State tuition at public institutions of higher education, or 
to pay up to $2,500 each year at eligible private institutions of 
higher education: Provided further. That the awarding of such funds 
may be prioritized on the basis of a resident's academic merit, 
the income and need of eUgible students and such other factors 
as may be authorized: Provided further, That the District of 
Columbia govemment shall maintain a dedicated account for the 
Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, 
and any interest earned in this or any fiscal year: Provided further. 
That tibe account shall be under the control of the District of 
Columbia Chief Financial Officer, who shall use those funds solely 
for the purposes of can-ying out the Resident Tuition Support Pro- 
gram: Provided further. That the Office of the Chief Financial 
Officer shall provide a quarterly financial report to the Committees 
on Appropriations of the House of Representatives and Senate 
for these funds showing, by object class, the expenditures made 
and the purpose therefor: Provided further. That not more than 
$1,200,000 of the total amount appropriated for this program may 
be used for administrative expenses. 



197 



PUBLIC LAW 108-335--OCT. 18, 2004 118 STAT. 1339 

TITLE III— GENERAL PROVISIONS 

Sec. 301. Whenever in this Act, an amount is specified within 
an appropriation for particular purposes or objects of expenditure, 
such amount, unless otherwise specified, shall be considered as 
the maximum amount that may be expended for said purpose 
or object rather than an amount set apart exclusively therefor. 

Sec. 302. Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, 
when authorized by the Mayor, or, in the case of the Council 
of the District of Colimibia, funds may be expended with the 
authorization of the Chairman of the Council. 

Sec. 303. There are appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for 
making refunds and for the payment of legal settlements or judg- 
ments that have been entered against the District of Columbia 
government. 

Sec. 304. No part of emy appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly provided herein. 

Sec. 305. (a) Except as provided in subsection (b), no part 
of this appropriation snail be used for publicity or propaganda 
purposes or implementation of any policy including boycott designed 
to support or defeat legislation pending before Congress or any 
State lerislatiire. 

(b) The District of Columbia may use local fiinds provided 
in this Act to carry out lobbying activities on any matter other 
than — 

(1) the promotion or support of any boycott; or 

(2) statehood for the District of Columbia or voting rep- 
resentation in Congress for the District of Columbia. 

(c) Nothing in this section may be construed to prohibit any 
elected ofiicial from advocating with respect to any of the issues 
referred to in subsection (b). 

Sec. 306. (a) None of the funds provided under this Act to 
the agencies funded by this Act, both Federal and District govern- 
ment agencies, that remain available for obUgation or expenditure 
in fiscal year 2005, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees available 
to the agencies funded by this Act, shall be available for obligation 
or expenditures for an agency through a reprogramming of funds 
which — 

(1) creates new programs; 

(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 
limited or increased vmder this Act; 

(4) increases funds or personnel by any means for any 
program, project, or responsibility center for which funds have 
been denied or restricted; 

(5) reestablishes any program or project previously deferred 
through reprogramming; 

(6) augments any existing program, jproject, or responsi- 
bility center through a reprogramming oi funds in excess of 
$1,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned 
to a specific program, project or responsibility center, unless 



198 



118 STAT. 1350 PUBLIC LAW 108-335— OCT. 18, 2004 

applicant or Board of Trustees maintains its charter."; 
and 

(2) in paragraph (2)(A), by striking "preference" and 
inserting "a right to first offer"; and 

(3) by adding at the end the following: 

"(3) Conversion public charter schools.— Any District 
of Coliunbia public school that was approved to become a 
conversion public charter school under section 2201 before the 
effective date of this subsection or is approved to become a 
conversion public charter school after the effective date of this 
subsection, shall have the right to exclusively occupy the facili- 
ties the school occupied as a District of Columbia public school 
under a lease for a period of not less than 25 years, renewable 
for additional 25-year periods as long as the school maintains 
its charter at the non-profit rate, or if there is no non-profit 
rate, at 25 percent less than the fair market rate for school 
use.". 
Sec. 343. Annual Report to Congress. Section 2211 of the 

School Reform Act of 1995 (D.C. Code 38-1802.11) is amended 

by- 

(1) adding the following new subparagraph at the end 
of section 2211(a)(1): 

"(D) Shall ensure that each public charter school com- 
plies with the annual reporting requirement of subsection 
38-1802.04(bXll) of this Act, including submission of the 
audited financial statement required by sub-subsection 
(BXix) of that section."; and 

(2) adding the following before the period at the end of 
subparagraph (d): 

"(10) details of major Board actions; (11) major findings 
fi*om school reviews of academic, fincmcial, and compHance 
with health and safety standards and resulting Board 
action or recommendations; (12) details of the fifth year 
review process and outcomes; (13) summary of aimual 
financial audits of all charter schools, including (a) the 
number of schools that failed to timely submit the audited 
financial statement required by that section; (b) the number 
of schools whose audits revealed a failure to follow required 
accoimting practices or other material deficiencies; and (c) 
the steps taken by the authority to ensure that deficiencies 
found by the audits are rectified; (14) number of schools 
which have required intervention by authorizing board to 
address any academic or operational issue; (15) what rec- 
ommendations an authorizing board has made to correct 
identified deficiencies". 
Sec. 344. Transfer to District of Columbia, (a) Transfer 
of Jurisdiction.— 
Deadline. (1) In GENERAL.— Not later than 90 days after the date 

of enactment of this Act, subject to subsection (b), the Director 
of the National Park Service (referred to in ttiis section as 
the "NFS"), acting on behalf of the Secretary of the Interior, 
shall transfer jurisdiction to the government of the District 
of Columbia, without consideration, the property described in 
paragraph (2)„ 

(2) Property. — ^The property referred to in paragraph (1) 
is — 



199 



PUBLIC LAW 108-335— OCT. 18, 2004 118 STAT. 1351 

(A) a portion of National Park Service land in Anacostia 
Park, U.S. Reservation 343, Section G, the boundaries of 
which are the Anacostia River to the west, Watts Branch 
to the south, Kenilworth Aquatic Gardens to the north, 
and Anacostia Avenue to tne east which includes the 
conununity center currently occupied under permit by the 
District of Columbia known as the "Kenilworth Peirkside 
Community Center"; and 

(B) all of U.S. Reservation 523. 
Gj) Conditions of Transfer.— 

(1) Term. — Jurisdiction will be transferred from the NFS 
to the District of Columbia. 

(2) Condition of transfer.— The transfer of jurisdiction 
under subsection (aXl) shall be subject to such terms and 
conditions, to be included in a Declaration of Covenants to 
be mutually executed between NFS and the District of 
Colximbia to ensure that the property transferred under that 
subsection — 

(A) is used only for the provision of public recreational 
facilities, open space, or pubhc outdoor recreationeil 
opportimities; and 

(B) nothing in this Act precludes the District of 
Columbia from entering into a lease for all or part of 
the property with a public not-for-profit entity for the 
management or maintenance of the property. 

(3) Termination.— 

(A) In general. — ^The transfer under subsection (a)(1) 
shall terminate if— 

(i) any term or condition of the transfer described 
io paragraph (2) or contained within the Declaration 
of Covenants described in paragraph (2) is violated, 
as determined by the NPS; and 

(ii) the violation is not corrected by the date that Deadline, 
is 90 days after the date on which the Mayor of the 
District of Columbia receives from the NPS a written 
notice of the violation. 

(B) Determination of correction.— A violation of 
a term or condition of the transfer under subsection (a)(1) 
shall be determined to have been corrected \mder subpara- 
graph (AXii) if, after notification of the violation, the Dis- 
trict of Columbia and the NPS enter into an agreement 
that the NPS considers to be adequate to ensure that 
the property transferred will be used in a manner con- 
sistent with paragraph (2). 

(4) Prohibition of civil actions.— No person may bring 
a civil action relating to a violation of any term or condition 
of the transfer described in paragraph (2) before the date that 
is 90 days after the person notifies the Mayor of the District 
of Columbia of the alleged violation (including the intent of 
the person to bring a civu action for termination of the transfer 
under paragraph (3)). 

(5) Removal of structures; rehabilitation.— The 
transfer under subsection (a)(1) shall be subject to the condition 
that, in the event of a termination of the transfer under para- 
graph (3), the District of Colvmoibia shall beeir the cost of 
removing structures on, or rehabilitating, the property trans- 
ferred. 



200 



118 STAT. 1352 PUBLIC LAW 108-335— OCT. 18, 2004 

(6) Administration of property.— If the transfer under 
subsection (a)(1) is terminated under paragraph (3), the prop- 
erty covered by the transfer shall be returned to the NFS 
and administered as a unit of the National Park System in 
the District of Columbia in accordsmce with — 

(A) the Act of August 25, 1916 (commonly known as 
the "National Park Service Organic Act") (16 U.S.C. 1 
et seq.); and 

(B) other laws (including regulations) generally 
appUcable to units of the National Park System. 

Sec. 345. The project for the Chicago Sanitary and Ship Canal 
Dispersal Barrier, Illinois, initiated under section 1135 of Public 
Law 99-662, is authorized at a total cost of $9,100,000 with a 
Federal cost of $6,825,000 and a non-Federal cost of $2,275,000. 

Sec. 346. Biennial Evaluation of Charter School Author- 
izing Boards, (a) Biennial management evaluation of the District 
of Columbia Chartering Authorities for the District of Columbia 
Public Charter Schools shall be conducted by the Comptroller Gen- 
eral of the United States. 

(b) Evaluation shjill include the following: 

(1) Establish standards to assess each authorizer's proce- 
dures and oversight quaUty. 

(2) Identify gaps in oversight and recommendations. 

(3) Review processes of charter school apphcations. 

(4) Extent of ongoing monitoring, technical assistance, and 
sanctions provided to schools. 

(5) Compliance with annual reporting requirements. 

(6) Actual budget expenditures for the preceding 2 fiscal 
years. 

(7) Comparison of budget expenditures with mandated 
responsibilities. 

(8) Alignment with best practices. 

(9) Quality and timeliness of meeting section 2211(d) of 
the School Reform Act of 1995 (D.C. Code 38-1802. 11(d)), as 
amended. 

Deadline. (c) INITIAL INTERIM REPORT TO CONGRESS.— The Government 

Accountability Office shall submit to the Committees on Appropria- 
tions of the House of Representatives and Senate, no later than 
May 1, 2005, a baseline report on the performance of each author- 
izer in meeting the requurements of the School Reform Act of 
1995. 

ApplicabiUty. (d) Hereafter section 2214(f) of Public Law 104-143 (D.C. Code 

38-1802.14(0), shall apply to the District of Columbia Board of 
Education Charter Schools Office. 

Sec. 347. Clarifying Operations of Pubuc Charter School 
Board. Section 2214 of the School Reform Act of 1995 (Public 

no Stat. 1321- Law 104-134; D.C. Code 38-1802.14), is amended— 

133. (1) by striking subsection (f) and inserting the following: 

"(f) Audit. — ^The Board shall maintain its accounts according 
to Generally Accepted Accounting Principles for Not-for-Profit 
Organizations. The Board shall proAdde for an audit of the financial 
statements of the Board by an independent certified public account- 
ant in accordance with Government auditing standards for financial 
audits issued by the Comptroller (jreneral of the United States. 
The findings and recommendations of any such audit shall be 
forwarded to the Mayor, the District of Columbia Council, the 



201 



PUBLIC LAW 108-335--OCT. 18, 2004 118 STAT. 1353 

appropriate congressional committees, and the Office of the Chief 
Financial Officer."; and 

(2) adding at the end the following: 

"(h) Contracting and Procurement.— The Board shall have 
the authority to solicit, award, and execute contracts independently 
of the Office of Contracting and Procurement and the Chief Procure- 
ment Officer. Nothing in chapter 3 of title 2 of the District of 
Columbia Code shall affect the authority of the Board under this 
subsection.". 

This Act may be cited as the "District of Columbia Appropria- 
tions Act, 2005". 

Approved October 18, 2004. 



LEGISLATIVE fflSTORY— H.R. 4850 (S. 2826): 

HOUSE REPORTS: Nos. 108-610 (Comm. on Appropriationfl) and 108-734 (Comm. 

of Conference). 
SENATE REPORTS: No. 108-354 accompanying S. 2826 (Comm. on Appropria- 
tions). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

July 20, considered and passed House. 

Sept. 22, considered and passed Senate, amended, in lieu of S. 2826. 

Oct. 6, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004): 

Oct 18, Presidential statement. 



o 



202 



118 STAT. 1362 PUBLIC LAW 108-340— OCT. 18, 2004 



Public Law 108-340 
108th Congress 

An Act 

Oct Ifi 2004 '^° direct the Secretary of the Interior to conduct a study on the preservation 
■ ' and interpretation of the historic sites of the Manhattan Project for potential 



[S. 1687] inclusion in the National Park System. 

Be it enacted by the Senate and House of Representatives of 
Manhattan the United States of America in Congress assembled, 

Project National 
Historical Park SECTION 1. SHORT TITLE. 

State^stine This Act may be cited as the "Manhattan Project National 

ffistorical Park Study Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

(2) Study. — The term "study" means the study authorized 
by section 3(a). 

(3) Study area.— 

(A) In general. — The term "study area" means the 
historically significant sites associated with the Manhattan 
Project. 

(B) Inclusions.— The term "study area" includes— 

(i) Los Alamos National Laboratory and townsite 
in the State pf New Mexico; 

(ii) the Hanford Site in the State of Washington; 
and 

(iii) Oak Ridge Reservation in the State of Ten- 
nessee. 

SEC. 3. SPECIAL RESOURCE STUDY. 

(a) Study.— 

(1) In general. — ^The Secretary, in consultation with the 
Secretary of Energy, shall conduct a special resoxu'ce study 
of the stud^ £u-ea to assess the national significance, suitability, 
and feasibility of designating 1 or more sites within the study 
area as a unit of the National Park System in accordance 
with section 8(c) of Public Law 91-383 (16 U.S.C. la-5(c)). 

(2) Administration. — ^In conducting the study, the Sec- 
retary shall — 

(A) consult with interested Federal, State, tribal, and 
local officials, representatives of organizations, and mem- 
bers of the public; 

(B) evaluate, in coordination with the Secretary of 
Eneipr, the compatibility of designating 1 or more sites 
within the study area as a unit of the National Park 



203 



PUBLIC LAW 108-340— OCT. 18, 2004 118 STAT. 1363 

System with maintaining the security, productivity, and 
management goals of the Department of Energy and public 
health and safety; and 

(C) consider research in existence on the date of enact- 
ment of this Act by the Department of Energy on the 
historical significance and feasibiUty of preserving and 
interpreting the various sites and structures in the study 
area, 
(b) Report. — ^Not later than 2 years after the date on which 
funds are made available to carry out the study, the Secretary 
shall submit to Congress a report that describes the findings of 
the study and the conclusions and recommendations of the Sec- 
retary. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved October 18, 2004. 



LEGISLATIVE fflSTORY— S. 1687: 

SENATE REPORTS: No. 108-270 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Sept 15, considered and passed Senate. 

Sept. 28, considered and passed House. 



o 



204 



118 STAT. 1370 PUBLIC LAW 108-342— OCT. 18, 2004 



Public Law 108-342 
108th Congress 

An Act 

Oct. 18, 2004 To amend the National Trails System Act to designate El Camino Real de Iob 

rg 20521 Tejas as a National Historic Trail. 

Be it enacted by the Senate and House of Representatives of 
El Camino Real the United States of America in Congress assembled, 

Q6 loS 761 SB 

National Historic SECTION 1. SHORT TITLE. 

Trail Act 

Texas. This Act may be cited as the "El Camino Real de los Tejas 

Louisiana. National Historic Trail Act". 

Mexico. 

16 use 1241 SEC. 2. DESIGNATION OF EL CAMINO REAL DE LOS TEJAS NATIONAL 

note. HISTORIC TRAIL. 

Section 5(a) of the National Trails System Act (16 U.S.C. 
1244(a)) is amended by adding at the end the following: 

"(24) El camino real de los tejas national HISTORIC TRAIL.— 

"(A) In general.— El Camino Real de los Tejas (the Royal 
Road to the Tejas) National Historic Trail, a combination of 
historic routes (including the Old San Antonio Road) totaling 
approximately 2,580 miles, extending from the Rio Grande 
near Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana, 
as generally depicted on the map entitled *E1 Camino Real 
de los Tejas' contained in the report entitled 'National Historic 
Trail FeasibiHty Study and Environmental Assessment: El 
Camino Real de los Tejas, Texas-Louisiana', dated July 1998. 

"(B) Map. — ^A map generally depicting tlie trail shall be 
on file and available for public inspection in the appropriate 
offices of the National Park Service. 

"(C) Administration.— <i) The Secretary of the Interior 
(referred to in this paragraph as 'the Secretary*) shall admin- 
ister the trail. 

"(ii) The Secretary shall administer those portions of the 
trail on non-Federal land only with the consent of the owner 
of such land and when such trail portion qualifies for certifi- 
cation as an officially established component of the trail, con- 
sistent with section 3(a)(3). An owners approved of a certifi- 
cation agreement shall satisfy the consent requirement. A cer- 
tification agreement may be terminated at any time. 

"(iii) "Die designation of the trail does not authorize any 
person to enter private property without the consent of the 
owner. 

"(D) Consultation.— The Secretary shall consult with 
appropriate State and local agencies in the planning and 
development of the trail. 



205 



PUBLIC LAW 108-342— OCT. 18, 2004 118 STAT. 1371 

"(E) Coordination of actiyities.— The Secretary may 
coordinate with United States and Mexican public and non- 
governmental organizations, academic institutions, and, in con- 
sultation with the Secretary of State, the Government of Mexico 
and its political subdivisions, for the purpose of exchanging 
trail information and research, fostering trail preservation and 
educational programs, providing technical assistance, and 
working to establish an international historic treiil with com- 
plementary preservation and education programs in each 
nation. 

"(F) Land acquisition.— The United States shall not 
acquire for the trail any land or interest in land outside the 
exterior boundary of any federally-administered area without 
the consent of the owner of the land or interest in land.". 

Approved October 18, 2004. 



LEGISLATIVE HISTORY- S. 2052: 

SENATE REPORTS: No. 108-321 (Comm. on Energy and Natural Resources). 
congressional record, Vol. 150 (2004): 

Sept. 16, considered and passed Senate. 

Sept. 28, considered and passed House. 



o 



206 



118 STAT. 1372 PUBLIC LAW 108-343— OCT. 18, 2004 



Oct. 18, 2004 
[S. 2319] 



Public Law 108-343 
108th Congress 

An Act 

To authorize and facilitate hydroelectric power licensing of the Tapoco Project. 

Be it enacted by the Senate and House of Representatives of 
Tapoco Project the United States of America in Congress assembled, 
Licensing Act 

of 2004. SECTION 1. SHORT TITLE. 

16USC403note. ^. ^ , , , „„, „.,..» 

This Act may be cited as the Tapoco Project Licensing Act 

of 2004". 

16 use 403 note. SEC, 2. DEFINITIONS. 

In this Act: 

(1) APGL— The term "APGF means Alcoa Power Gener- 
ating Inc. (including its successors and assigns). 

(2) Commission.— The term "Conmussion" means the Fed- 
eral Energy Regulatory Commission. 

(3) Mm*. — ^The term "map" means the map entitled "Tapoco 
Hydroelectric Project, P-2169, Settlement Agreement, Appendix 
B, Proposed Land Swap Areas, National Park Service and 
APGF, numbered TP514, Issue No. 9, and dated June 8, 2004. 

(4) Park. — ^The term "Park" means Great Smoky Mountains 
National Park. 

(5) Project. — ^The term "Project" means the Tapoco Hydro- 
electric Project, FERC Project No. 2169, including the 
Chilhowee Dam and Reservoir in the State of Tennessee. 

(6) Secretary. — ^The term "Secretary" means thie Secretary 
of the Interior. 

16 use 403 note. SEC. 3. LAND EXCHANGE. 

, (a) Authorization.— 
* (1) In general.— Upon the conveyance by APGI of title 

acceptable to the Secretary of the land identified in para^aph 
(2), the Secretary shall simultaneously convey to APGI title 
to the land identified in paragraph (3). 

(2) Description of land to be conveyed by apgi.— The 
land to be conveyed by APGI to the Secretary is the approxi- 
mately 186 acres of land, subject to any encumbrances existing 
before February 21, 2003— 

(A) witliin the authorized boundary of the Park, located 
northeast of United States Highway 129 and adjacent to 
the APGI power line; and 

(B) as generally depicted on the map as "Proposed 
Property Transfer from APGI to National Park Service". 

(3) DESCRIPTION OF LAND TO BE CONVEYED BY THE SEC- 
RETARY. — The land to be conveyed by the Secretary to APGI 



207 



PUBLIC LAW 108-343— OCT. 18, 2004 118 STAT. 1373 

are the approximately 110 acres of land within the Park that 
are — 

(A) adjacent to or flooded by the Chilhowee Reservoir; 

(B) within the boundary of the Project as of February 
21, 2003; and 

(C) as generally depicted on the map as "Proposed 
Property Transfer from National Park Service to APGI". 

(b) Minor Adjustments to Conveyed Land.— The Secretary 
and APGI may mutually agree to make minor boundary or acreage 
adjustments to the land identified in paragraphs (2) and (3) of 
subsection (a). 

(c) Opportunity To Mitigate. — If the Secretary determines 
that all or part of the land to be conveyed to the Park \mder 
subsection (a) is unsuitable for inclusion in the Park, APGI shall 
have the opportunity to make the land suitable for inclusion in 
the Park. 

(d) Conservation Easement.— The Secretary shall reserve a 
conservation easement over any land trEmsferred to APGI under 
subsection (a)(3) that, subject to any terms and conditions imposed 
by the Commission in any Ucense that the Commission may issue 
for the Project, shall — 

(1) specifically prohibit any development of the land by 
APGI, other than any development that is necessary for the 
continued operation and maintenance of the Chilhowee Res- 
ervoir; 

(2) authorize public access to the easement area, subject 
to National Park Service regulations; and 

(3) authorize the National Park Service to enforce Park 
regulations on the land and in and on the waters of Chilhowee 
Reservoir Ijdng on the land, to the extent not inconsistent 
with any Ucense condition considered necessary by the Commis- 
sion. 

(e) Applicability of Certain Laws. — Section 5(b) of PubUc 
Law 90-401 (16 U.S.C. 4601-22(b)), shall not apply to the land 
exchange authorized under this section. 

(f) Reversion.— 

(1) In general.— The deed from the Secretary to APGI 
shall contain a provision that requires the land described in 
subsection (aK3) to revert to the United States if— 

(A) the Chilhowee Reservoir ceases to exist; or 

(B) the Commission issues a final order deconmiis- 
sioning the Project firom which no further appeal may be 
taken. 

(2) Applicable law. — ^A reversion under this subsection 
shall not eliminate APGI's responsibility to comply with all 
applicable provisions of the Federal Power Act (16 U.S.C. 791a 
et seq.), including regulations. 

(g) Boundary Adjustment.— 

(1) In general.— On completion of the land exchange 
authorized under this section, the Secretary shall — 

(A) adjust the boimdary of the Park to include the 
land described in subsection (a)(2); and 

(B) adnainister any acquired land as part of the Park 
in accordance with applicable law (including regulations). 

(2) National park service land.— Notwithstanding the 
exchange of land under this section, the land described in 

^ subsection (a)(3) shall remain in the boundary of the Park. 



208 



118 STAT. 1374 



PUBLIC LAW 108-343— OCT. 18, 2004 



Federal Register, 
publication. 



(3) Public notice.— The Secretary shall publish in the 
Federal Register notice of any boundary revised under para- 
graph (1). 



16 use 403 note. SEC. 4. PROJECT LICENSING. 



Notwithstanding the continued inclusion of the land described 
in section 3(a)(3) in the boundary of the Park (including any modi- 
fication made pursuant to section 3(b)) on completion of the land 
exchfmge, the Commission shall have jurisdiction to license the 
Project. 



16 use 403 note. SEC. 5. LAND ACQUISITION. 



Federal Register, 
publication. 



Federal Register, 
publication. 



(a) In General. — ^The Secretary or the Secretary of Agriculture 
may acquire, by purchase, donation, or exchange, any land or 
interest in land that — 

(1) may be transferred by APGI to any non-governmental 
organization; and 

(2) is identified as 'Termanent Easement" or "Term Ease- 
ment" on the map entitled "Tapoco Hydroelectric Project, 
P-2169, Settlement Agreement, Appendix B, Proposed Land 
Conveyances in Tennessee", numbered TP616, Issue No. 15, 
and dated March 11, 2004. 

(b) Land Acquired by the Secbetary of the Interior.— 
The Secretary shall — 

(1) adjust the boundary of the Park to include any land 
or interest in land acquired by the Secretary under subsection 
(a); 

(2) administer any acquired land or interest in land as 
part of the Park in accordance with appUcable law (including 
regulations); and 

(3) publish notice of the adjustment in the Federal Register. 

(c) Land Acquired by the Secretary of Agriculture.— 

(1) Boundary adjustment.— The Secretary of Agriculture 
shall— 

(A) adjust the boundary of the Cherokee National 
Forest to include any land acquired under subsection (a); 

(B) administer any acquired land or interest in land 
as part of the Cherokee National Forest in accordance 
with applicable law (including regulations); and 

((J) publish notice of the adjustment in the Federal 
Register. 

(2) Management.— The Secretary of Agriculture shall 
evaluate the feasibility of managing any land acquired by the 
Secretary of Agriculture under subsection (a) in a manner that 
retains the primitive, back-country character of the land. 



209 



PUBLIC LAW 108-343— OCT. 18, 2004 118 STAT. 1375 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 16 U8C 403 note. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved October 18, 2004. 



LEGISLATIVE HISTORY— S. 2319 (H.R. 4667): 

HOUSE REPORTS: No. 108-721, Pt. 1 (Comm. on Energy and Commerce) and Pt. 

2 (Comm. on Resources) both accompanying H.R. 4667. 
SENATE REPORTS: No. 108-299 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Sept. 15, considered and passed Senate. 

Oct. 4, considered and passed House. 



o 



210 



118 STAT. 1388 PUBLIC LAW 108-^48— OCT. 20, 2004 



Public Law 108-348 
108th Congress 

An Act 

Oct. 20, 2004 To authorize the Gateway Arch in St. Louie, Missouri, to be illuminated by pink 

[S. 2895] lights in honor of breast cancer awareness month. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. ILLUMINATION OF GATEWAY ARCH IN HONOR OF BREAST 
CANCER AWARENESS MONTH. 

In honor of breeist cancer awareness month, the Secretary of 
the Interior shall authorize the Gateway Arch in St. Louis, Missouri, 
to be illuminated by pink lights for a certain period of time in 
October, to be designated by the Secretary of the Interior. 

Approved October 20, 2004. 



LEGISLATIVE HISTORY — S. 2895: 

CONGRESSIONAL RECORD, Vol. 150 (2004): 
Oct. 6, considered and passed Senate. 
Oct. 8, considered and passed House. 

o 



211 



PUBLIC LAW 108-352— OCT. 21, 2004 



118 STAT. 1395 



Public Law 108-352 
108th Congress 



An Act 



To make techiucal corrections to laws relating to certain units of the National 
Park System and to National Park programs. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "National Park System Laws 
Technical Amendments Act of 2004". 

SEC. 2. LACKAWANNA VALLEY HERITAGE AREA. 

Section 106 of the Lackawanna Valley National Heritage Area 
Act of 2000 (16 U.S.C. 461 note; Public Law 106-278) is amended 
by striking subsection (a) and inserting the following: 

"(a) Authorities of Management Entity.— For purposes of 
preparing and implementing the management plan, the manage- 
ment entity may — 

"(1) make grants to, and enter into cooperative agreements 

with, the State and political subdivisions of the State, private 

organizations, or any person; and 
"(2) hire and compensate staff.". 

SEC. 3. HAWAn VOLCANOES NATIONAL PARK 

Section 5 of the Act of June 20, 1938 (16 U.S.C. 392c) is 
amended by stinking "Hawaii Volcanoes" each place it appears 
and inserting "Hawai i Volcanoes". 

SEC. 4. 1 HAVE A DREAM" PLAQUE AT LINCOLN MEMORIAL. 

Section 2 of Public Law 106-365 (114 Stat. 1409) is amended 
by striking "and expand contributions" and inserting "and expend 
contributions". 

SEC. 6. WILD AND SCENIC RIVERS. 

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) is amended — 

(1) by redesignating paragraph (162) (relating to White 
Clay Creek, Delaware and Pennsylvania) as paragraph (163); 

(2) by designating the second paragraph (161) (relating 
to the Wekiva Raver, Wekiwa Springs Run, Rock Springs Run, 
and Black Water Creek, Florida) as paragraph (162); 

(3) bv designating the undesimated paragraph relating 
to the Wildhorse and mger Creeks, Oregon, as paragraph (164); 

(4) by redesignating the third paragraph (161) (relating 
to the Lower Delaware River and associated tributaries, New 
Jersey and Pennsylvania) as paragraph (165) and by indenting 
appropriately; and 



Oct. 21, 2004 
[S. 2178] 



National Park 

System Laws 

Technical 

Amendments Act 

of 2004. 

16 use 1 note. 



40 use 8903 
note. 



212 



118 STAT. 1396 PUBLIC LAW 108-352— OCT. 21, 2004 

(5) by redesignating the undesignated paragraph relating 
to the Rivers of Caribbean National Forest, Puerto Rico, as 
paragraph (166). 

SEC. 6. ROSIE THE RIVETER/WORLD WAR H HOME FRONT NATIONAL 
HISTORICAL PARK. 

The Rosie the RiveterAVorld War II Home Front National 
Historical Park EstabUshment Act of 2000 (16 U.S.C. 410ggg et 
seq.) is amended — 
16 use 4l0ggg. (1) in section 2(b), by striking "numbered 963/80000" and 

inserting "numbered 963/80,000"; and 
16 use 4i0ggg. (2) in section 3— 

(A) in subsection (a)(1), by striking "August 35" and 
inserting "August 25"; 

(B) in subsection (b)(1), by striking "the World War 
II Child Development Centers, the World War II worker 
housing, the Kaiser-Permanente Field Hospital, and Fire 
Station 67A" and inserting "the Child Development Field 
Centers (Ruth C. Powers) (Maritime), Atchison Housing, 
the Kaiser-Permanente Field Hospital, and Richmond Fire 
Station 67A"; and 

(C) in subsection (e)(2), by striking "the World War 
II day care centers, the World War II worker housing, 
the Kaiser-Permanente Field Hospital, and Fire Station 
67," and inserting "the Child Development Field Centers 
(Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser- 
Permanente Field Hospital, and Richmond Fire Station 
67A,". 

SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS. 

The Vicksburg Campaign Trail Battlefields Preservation Act 
of 2000 (114 Stat. 2202) is amended— 
114 Stat. 2202. (1) in section 2(aXl), by striking "and Tennessee" and 

inserting "Tennessee, and Kentucky"; and 
114 Stat. 2202. (2) in section 3— 

(A) in paragraph (1), by striking "and Tennessee," and 
inserting "Tennessee, and Kentucky, ; and 

(B) in paragraph (2)— 

(i) in subparagraph (R), by striking "and" at the 
end; 

(ii) by redesignating subparagraph (S) as subpara- 
graph (T); and 

(iii) by inserting after subparagraph (R) the fol- 
lowiiig: 

"(S) Fort Heiman in Calloway County, Kentucky, and 
resources in and around Columbus in Hickman County, 
Kentucky; and". 

SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY. 

Section 3(c) of the Harriet Tubman Special Resource Study 
Act (PuWic Law 106-516; 114 Stat. 2405) is amended by striking 
"PubUc Law 91-383" and all that follows through "(P.L. 105-391; 
112 Stat. 3501)" and inserting "section 8 of Pubhc Law 91-383 
(16 U.S.C. la-5)". 

40 use 502 note. SEC. 9. PUBUC LAND MANAGEMENT AGENCY FOUNDATIONS. 

Employees of the foundations estabUshed by Acts of Congress 
to solicit private sector funds on behalf of Federal land management 



213 



PUBLIC LAW 108-352— OCT. 21, 2004 118 STAT. 1397 

agencies shall qualify for Greneral Service Administration contract 
airfares. 

SEC. 10. SHORT TITLES. 

(a) National Park Service Organic Act.— The Act of August i6 use i note. 
25, 1916 (commonly known as the "National Park Service Organic 

Act") (16 U,S,C. 1 et seq.) is amended by adding at the end the 
following: 

"SEC. 5. SHORT TITLE. 

"This Act may be cited as the 'National Park Service Organic 
Act'.". 

(b) National Park System General Authorities Act.— leuscinote. 
Public Law 91-383 (commonly known as the "National Park System 

General Authorities Act") (16 U.S.C. la-1 et seq.) is amended 
by adding at the end the following: 

"SEC. 14. SHORT TITLE. 

"This Act may be cited as the "National Park System General 
Authorities Act'.". 

SEC. 11. PARK POLICE INDEMNIFICATION. 

Section 2(b) of PubUc Law 106-437 (114 Stat. 1921) is amended 16 USC l»-6. 
by striking "the Act" and inserting "of the Act". 

SEC. 12. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA. 

Section 1029 of division I of the Onmibus Parks and Public 
Lands Management Act of 1996 (110 Stat. 4233) is amended— i6USC460kkk. 

(1) in subsection (c)(2)(BXi), by striking "reference" and 
inserting "referenced"; and 

(2) in subsection (dX4), by inserting a period after "plans". 

SEC. 13. NATIONAL HISTORIC PRESERVATION ACT. 

Section 5(a)(8) of the National Historic Preservation Act Amend- 
ments of 2000 (PubUc Law 106-208; 114 Stat. 319) is amended 16USC470h-2. 
by striking "section 110(1)" and inserting "section 110(1)". 

SEC. 14. NATIONAL TRAILS SYSTEM ACT. 

The National Trails System Act (16 U.S.C. 1241 et seq.) is 
amended — 

(1) in section 5— 16 USC 1244. 

(A) in subsection (c) — 

(i) in paragraph (19), by striking "Kissimme" and 
inserting Tiissimmee"; 

(ii) m paragraph (40XD) by striking "later that" 
and inserting "later than"; and 

(iii) by designating the undesignated paragraphs 
relating to the Metacoment-Monadnock-Mattabesett 
Trail and The Long Walk Trail as paragraphs (41) 
and (42), respectively; and 

(B) in the first sentence of subsection (d), by striking 
"establishment."; and 

(2) in section lO(cXl), by striking "The Ice Age" and 16 USC 1249. 
inserting "the Ice Age". 

SEC. 15. VICKSBURG NATIONAL MILITARY PARK. 

Section 3(b) of the Vicksburg National Military Park Bovmdary 
Modification Act of 2002 (16 U.S.C. 430h-ll) is amended by striking 



214 



118 STAT. 1398 PUBLIC LAW 108-352— OCT. 21, 2004 

"the Secretary add it" and inserting "the Secretary shall add the 
property". 

SEC. 16. ALLEGHENY PORTAGE RAILROAD NATIONAL fflSTORIC SITE. 

Section 2(2) of the Allegheny Portage Railroad National Historic 
16 use 461 note. Site Boundanr Revision Act (Pubhc Law 107-369; 116 Stat. 3069) 
is amended by striking "NERO 423/80,014 and dated May 01" 
and inserting 'ISTERO 423/80,014A and dated July 02". 

SEC. 17. TALLGRASS PRAIRIE NATIONAL PRESERVE. 

Section 1006(b) of division I of the Omnibus Parks and Public 
16 use 698U-4. Lands Management Act of 1996 (110 Stat, 4208) is amended by 
striking "subsection (a)(1)" and inserting "subsection (a)". 

Approved October 21, 2004. 



LEGISLATIVE mSTORY— S. 2178: 

SENATE REPORTS: No. 10&-239 (Comm. on Energy and Natural ReBources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

May 19, considered and passed Senate. 

Oct 6, considered and passed House. 



o 



215 



PUBLIC LAW 108-367— OCT. 25, 2004 



118 STAT. 1743 



Public Law 108-367 
108th Congress 



An Act 



To expand the boundaries of the Fort Donelson National Battlefield to authorize 
the acquisition and interpretation of lands associated with the campaign that 
resulted in the capture of the fort in 1862, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Fort Donelson National Battlefield 
Expansion Act of 2004". 

SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD. 

(a) Designation; Purpose.— There exists as a unit of the 
National Park System the Fort Donelson National Battlefield to 
commemorate— 

(1) the Battle of Fort Donelson in February 1862; and 

(2) the campaign conducted by General Ulysses S. Grant 
and Admiral Andrew H. Foote that resulted in the capture 
of Fort Donelson by Union forces. 

(b) Boundaries.— The boundary of the Fort Donelson National 
Battlefield is revised to include the site of Fort Donelson and 
associated land that has been acquired by the Secretary of the 
Interior for administration by the National Park Service, including 
Fort Donelson National Cemetery, in Stewart County, Tennessee 
and the site of Fort Heiman and associated land in CaUoway 
County, Kentucky, as generally depicted on the map entitled "Fort 
Donelson National Battlefield Boundary Adjustment" numbered 
328/80024, and dated September 2003. The map shall be on file 
and available for public inspection in the appropriate ofilces of 
the National Park Service. 

(c) Expansion of Boundaries.— The Fort Donelson National 
Battlefield shall slso include any land acquired pursuant to section 
3. 

SEC. 8. LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL 
BATTLEFIELD. 

(a) Acquisition Authority. — Subject to subsections (b) and 
(c), the Secretary of the Interior may acquire land, interests in 
land, and improvements thereon for inclusion in the Fort Donelson 
National Battlefield. Such land, interests in land, and improvements 
may be acquired by the Secretary only by purchase from willing 
sellers with appropriated or donated fiinds, by donation, or by 
exchange with willing owners. 



Oct. 25, 2004 
[S. 524] 



Fort Donelson 

National 

Battlefield 

Expansion Act of 

2004. 

Tennessee. 

16 use 428 note. 

16 use 428p. 



16 use 428p-l. 



216 



118 STAT. 1744 



PUBLIC LAW 108-367— OCT. 25, 2004 



16 use 428P-2. 



Contracts. 



(b) Land Eligible for Acquisition.— The Secretary of the 
Interior may acquire land, interests in land, and improvements 
thereon under subsection (a) — 

(1) within the boundaries of the Fort Donelson National 
Battlefield described in section 2(b); and 

(2) outside such boundaries if the land has been identified 
by the American Battlefield Protection Program as part of 
the battlefield associated with Fort Donelson or if the Secretary 
otherwise determines that acquisition under subsection (a) wUl 
protect critical resources associated with the Battle of Fort 
Donelson in 1862 and the Union campaign that resulted in 
the capture of Fort Donelson. 

(c) Boundary Revision. — Upon acquisition of land or interests 
in land described in subsection Cb)(2), the Secretary of the Interior 
shall revise the boundaries of the Fort Donelson National Battlefield 
to include the acquired property. 

(d) Limitation on Total Acreage of Park.— The total area 
encompassed by the Fort Donelson National Battlefield may not 
exceed 2,000 acres. 

SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLE- 
FIELD. 

The Secretary of the Interior shall administer the Fort Donelson 
National Battlefield in accordance with this Act and the laws gen- 
erally applicable to units of the National Park System, including 
the Act of August 25, 1916 (commonly known as the National 
Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of 
August 21, 1935 (commonly known as the Historic Sites, Buildings, 
and Antiquities Act; 16 U.S.C. 461 et seq.). 

SEC. 6. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECRE- 
ATION AREA. 

The Secretary of Agriculture and the Secretary of the Interior 
shall enter into a memorandum of understanding to facilitate 
cooperatively protecting and interpreting the remaining vestige of 
Fort Henry and other remaining Civil War resources in the Land 
Between the Lakes National Recreation Area affiliated with the 
Fort Donelson campaign. 



217 



PUBLIC LAW 108-367— OCT. 25, 2004 118 STAT. 1745 

SEC. 6. CONFORMING AMENDMENT. 

The first section of Public Law 86-738 (16 U.S.C. 428k) is 
amended by striking "Tennessee" and all that follows through the 
period at the end and inserting "Tennessee.", 

Approved October 25, 2004. 



LEGISLATIVE HISTORY— S. 524: 

SENATE REPORTS: No. 108-230 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

May 19, considered and passed Senate. 

Oct. 8, considered and passed House. 



o 



218 



PUBLIC LAW 10&-384r-OCT. 30, 2004 



118 STAT. 2221 



Public Law 108-384 
108th Congress 



An Act 



To provide for the control and eradication of the brown tree snake on the island 
of Guam and the prevention of the introduction of the brown tree snake to 
other areas of the United States, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Brown Tree Snake Control 
and Eradication Act of 2004". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Brown tree snake.— The term "brown tree snake" 
means the species of the snake Boiga irregularis. 

(2) Compact of free association.— The term "Compact 
of Free Association" means the Compacts of Free Association 
entered into between the United States and the governments 
of the Federated States of Micronesia and the Republic of 
the Marshall Islands, as approved by and contained m Public 
Law 108-188 (117 Stat. 2720; 48 tj.S.C. 1921 et seq.), and 
the Compact of Free Association entered into between the 
United States and the government of the RepubUc of Palau, 
as approved by and contained in Public Law 99-658 (100 Stat, 
3673; 48 U.S.CJ. 1931 et seq.). 

(3) Freely associated states.— The term "Freely Associ- 
ated States" means the Republic of Palau, the Federated States 
of Micronesia, and the Republic of the Marshall Islands. 

(4) Introduction. — ^The terms "introduce" and "introduc- 
tion" refer to the expansion of the brown tree snake outside 
of the range where this species is endemic. 

(5) Secretary. — ^The term "Secretary concerned" means — 

(A) the Secretary of the Interior, with respect to mat- 
ters under the jurisdiction of the Department of the 
Interior; and 

(B) the Secretary of Agriculture, with respect to mat- 
ters under the jurisdiction of the Department of Agri- 
culture. 

(6) Secretaries. — ^The term "Secretaries" means both the 
Secretary of the Interior and the Secretary of Agriculture. 

(7) Technical working group.— The term "Technical 
Working Group" means Brown Tree Snake Technical Working 
Group estabhshed under the authority of section 1209 of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act 
ofl990(16U.S.C.4728). 



Oct. 30, 2004 
[H.R. 3479] 



Brown Tree 
Snake Control 
and Eradication 
Act of 2004. 
7 use 8601 note. 



7 use 8501. 



219 



118 STAT. 2222 PUBLIC LAW 108-384— OCT. 30, 2004 

(8) Territorial. — ^The term "territorial", when used to refer 
to a government, means the Government of Guam, the Govern- 
ment of American Samoa, and the Government of the Common- 
wealth of the Northern Mariana Islands, as well as autonomous 
agencies and instrumentalities of such a government. 

(9) United states.— The term 'TJnited States", when used 
in the geographic sense, means the several States, the District 
of Colombia, American Samoa, Guam, the Commonwealth of 
the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the United States Virgin Islands, any other possession 
of the United States, and any waters witMn the jurisdiction 
of the United States. 

7 use 8502. SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IMPROVED AND 

BETTER COORDINATED FEDERAL POLICY FOR BROWN 
TREE SNAKE INTRODUCTION, CONTROL, AND ERADI- 
CATION. 

It is the sense of Congress that there exists a need for improved 
and better coordinated control, interdiction, research, and eradi- 
cation of the brown tree snake on the part of the United States 
and other interested parties. 

7 use 8503. SEC. 4. BROWN TREE SNAKE CONTROL, INTERDICTION, RESEARCH 

AND ERADICATION. 

(a) Funding Authority. — Subject to the availability of appro- 
priations to carry out this section, the Secretaries shall provide 
funds to support brown tree snake control, interdiction, research, 
and eradication efforts carried out by the Department of the Interior 
and the Department of Agriculture, other Federal agencies. States, 
territorial governments, local governments, and private sector enti- 
ties. Funds may be provided through grants, contracts, reimbursable 
agreements, or other legal mechanisms available to the Secretaries 
for the transfer of Federal funds. 

(b) Authorized Activities. — Brown tree snake control, inter- 
diction, research, and eradication efforts authorised by this section 
shall include at a minimum the following: 

(1) Expansion of science-based eradication and control pro- 
grams in Guam to reduce the undesirable impact of the brown 
tree snake in Guam and reduce the risk of the introduction 
or spread of any brown tree snake to areas in the United 
States and the Freely Associated States in which the brown 
tree snake is not established. 

(2) Expansion of interagency and intergovernmental rapid 
response teeuns in Guam, the Commonwealth of the Northern 
Mariana Islands, Hawaii, and the Freely Associated States 
to assist the governments of such areas with detecting the 
brown tree snake and incipient brown tree snake populations. 

(3) Expansion of efforts to protect and restore native wild- 
life in Guam or elsewhere in the United States damaged by 
the brown tree snake. 

(4) Establishment and sustained funding for an Animal 
Plant and Health Inspection Service, Wildlife Services, Oper- 
ations Program State Office located va Hawaii dedicated to 
vertebrate pest management in Hawaii and United States 
Pacific territories and possessions. Concurrently, the Animal 



220 



PUBLIC LAW 108-384— OCT. 30, 2004 118 STAT. 2223 

Plant and Health Inspection Service, Wildlife Services Oper- 
ations Program shall establish and sustain funding for a Dis- 
trict Office in Guam dedicated to brown tree snake control 
and managed by the Hawaii State Office. 

(5) Continuation, expansion, and provision of sustained 
research funding related to the brown tree snake, including 
research conducted at institutions located in areas affected 
by the brown tree snake. 

(6) Continuation, expansion, and provision of sustained 
research funding for the Animal Plant and Health Inspection 
Service, Wildlife Services, National Wildlife Research Center 
of the Department of Agriculture related to the brown tree 
snake, including the establishment of a field station in Guam 
related to the control and eradication of the brown tree snake. 

(7) Continuation, expansion, and provision of sustained 
research funding for the Fort Collins Science Center of the 
United States Geological Siunrey related to the brown tree 
snake, including the estabUshment of a field station in Guam 
related to the control and eradication of the brown tree snake. 

(8) Expansion of long-term research into chemical, 
biological, and other control techniques that could lead to large- 
scale reduction of brown tree snake populations in Guam or 
other areas where the brown tree snake might become estab- 
lished. 

(9) Expansion of short, medium, and long-term research, 
funded by all Federal agencies interested in or affected by 
the brown tree snake, into interdiction, detection, and early 
control of the brown tree snake. 

(10) Provision of planning assistance for the construction 
or renovation of centraUzed multi-agency facihties in Guam 
to support Federal, State, and territorial broAvn tree snake 
control, interdiction, research and eradication efforts, including 
office space, laboratory space, animal holding facilities, and 
snake detector dog kennels. 

(11) Provision of technical assistance to the Freely Associ- 
ated States on matters related to the brown tree snake through 
the mechanisms contained within a Compact of Free Association 
dealing with environmental, quarantine, economic, and human 
health issues. 

(c) Authorization of Appropriations.— There is authorized 
to be appropriated to the Secretaries to carry out this section 
(other thmi subsection (b)(10)) the following amounts: 

(1) For activities conducted through the Animal and Plant 
Health Inspection Service, Wildlife Services, Operations, not 
more than $2,600,000 for each of the fiscal years 2006 through 
2010. 

(2) For activities conducted through the AnimeJ and Plant 
Health Inspection Service, Wildlife Services, National Wildlife 
Research Center, Methods Development, not more than 
$1,500,000 for each of the fiscal years 2006 through 2010. 

(3) For activities conducted through the Office of Insular 
Affairs, not more than $3,000,000 for each of the fiscal years 
2006 through 2010. 

(4) For activities conducted through the Fish and Wildlife 
Service, not more than $2,000,000 for each of the fiscal years 
2006 through 2010. 



221 



118 STAT. 2224 



PUBLIC LAW 108-384— OCT. 30, 2004 



(5) For activities conducted through the United States 
Greological Survey, Biological Resources, not more than 
$1,500,000 for each of the fiscal years 2006 through 2010. 
(d) Planning Assistance. — ^There is authorized to be appro- 
priated to the Secretary of Agriculture emd the Secretary of the 
Interior such amounts as may be required to carry out subsection 
(bXlO). 

7 use 8504. SEC. 5. ESTABUSHMENT OF QUARANTINE PROTOCOLS TO CONTROL 

THE INTRODUCTION AND SPREAD OF THE BROWN TREE 
SNAKE. 

Deadline. (a) ESTABLISHMENT OF QUARANTINE PROTOCOLS.— Not later 

than two years after the date of the enactment of this Act, but 
subject to the memorandum of agreement required by subsection 
(b) with respect to Guam, the Secretaries shall establish and cause 
to be operated at Federal expense a system of pre-departure quar- 
antine protocols for cargo and other items being shipped from 
Gutun and any other Umted States location where the brown tree 
snake may become established to prevent the introduction or spread 

Regulations. of the brown tree snake. The Secretaries shall estabUsh the quar- 

antine protocols system by regydation. Under the quarantine proto- 
cols system, Federal quarantine, natural resource, conservation, 
and law enforcement officers and inspectors may enforce State 
and territorial laws regarding the transportation, possession, or 
introduction of any brown tree snake. 

(b) Cooperation and Consultation.— The activities of the 
Secretaries under subsection (a) shall be carried out in cooperation 
with other Federal agencies and the appropriate State and terri- 
torial quarantine, natural resource, conservation, and law enforce- 

Contracts. ment officers. In the case of Guam, as a precondition on the 

establishment of the system of pre-departure quarantine protocols 
under such subsection, the Secretaries shall enter into a memo- 
randum of agreement with the Government of Guam to obtain 
the assistance and cooperation of the Giovemment of Guam in 
establishing the system of pre-departure quarantine protocols. 

(c) Implementation. — ^The system of pre-departure quarantine 
protocols to be established under subsection (a) shall not be imple- 
mented until funds are specifically appropriated for that purpose. 

(d) Authorization of Appropiuations.— There is authorized 
to be appropriated to carry out this section the following amounts: 

(1) To the Secretary of Agriculture, not more than 
$3,000,000 for each of the fiscal years 2006 through 2010. 

(2) To the Secretary of the Interior, not more than 
$1,000,000 for each of the fiscal years 2006 through 2010. 

7 use 8506. SEC. 6. TREATMENT OF BROWN TREE SNAKES AS NONMAILABLE 

MATTER. 

A brown tree snake constitutes nonmailable matter under sec- 
tion 3015 of title 39, United States Code. 

7 use 8506. SEC. 7. ROLE OF BROWN TREE SNAKE TECHNICAL WORKING GROUP. 

(a) Purpose. — ^The Technical Working Group shall ens\u« that 
Federal, State, territorial, and local agency efforts concerning the 
brown tree snake are coordinated, effective, complementary, and 
cost-effective. 

(b) Specific Duties and Activities.— The Technical Working 
Group shall be responsible for the following: 



222 



PUBLIC LAW 108-384— OCT. 30, 2004 118 STAT. 2225 

(1) The evaluation of Federal, State, and territorial activi- 
ties, programs and policies that are likely to cause or promote 
the introduction or spread of the brown tree snake in the 
United States or the Freely Associated States and the prepeira- 
tion of recommendations for governmental actions to minimize 
the risk of introduction or further spread of the brown tree 
snake. 

(2) The preparation of recommendations for activities, pro- 
grams, and policies to reduce and eventually eradicate the 
brown tree snake in Guam or other areas within the United 
States where the snake may be established and the monitoring 
of the implementation of those activities, programs, and policies. 

(3) Any revision of the Brown Tree Snake Control Plan, 
originally published in June 1996, which was prepared to 
coordinate Federal, State, territorial, and local government 
efforts to control, interdict, eradicate or conduct research on 
the brown tree snake. 

(c) Reporting Requirement.— 

(1) Report. — Subject to the availabihty of appropriations 
for this piupose, the Technical Working Gfroup shall prepare 
a report describing — 

(A) the progress made toward a large-scale population 
reduction or eradication of the brown tree snake in Guam 
or other sites that are infested by the brown tree snake; 

(B) the interdiction and other activities required to 
reduce the risk of introduction of the brown tree snake 
or other nonindigenoxis snake species in Guam, the 
Commonwealth of the Northern Mariana Islands, Hawaii, 
American Samoa, and the Freely Associated States; 

(C) the applied and basic research activities that will 
lead to improved brown tree snake control, interdiction 
and eradication efforts conducted by Federal, State, terri- 
torial, and local governments; and 

(D) the programs and activities for brown tree snake 
control, interdiction, research and eradication that have 
been funded, implemented, and planned by Federal, State, 
territorial, and local governments. 

(2) Priorities.— The Technical Working Group shall 
include in the report a list of priorities, ranked in high, medium, 
and low categories, of Federal, State, territorial, and local 
efforts and programs in the following areas: 

(A) Control. 

(B) Interdiction. 

(C) Research. 

(D) Eradication. 

(3) Assessments. — ^Technical Working Group shall include 
in the report the following assessments: 

(A) An assessment of current fundiiig shortfalls and 
future funding needs to support Federal, State, territorial, 
and local government efforts to control, interdict, eradicate, 
or conduct research on the brown tree snake. 

(B) An assessment of regulatory limitations that hinder 
Federal, State, territorial, and local government efforts to 
control, interdict, eradicate or conduct research on the 
brown tree snake. 

(4) Submission. — Subject to the availability of appropria- 
tions for this purpose, the Technical Working Group shall 



223 



118 STAT. 2226 PUBLIC LAW 108-384— OCT. 30, 2004 

submit the report to Congress not later than one year after 
the date of the enactment of this Act. 

(d) Meetings.— The Technical Working Group shall meet at 
least annually. 

(e) Inclusion of Guam.— The Secretaries shall ensure that 
adequate representation is afforded to the government of Gmun 
in the Technical Working Group. 

(£) Support. — ^To the maximimi extent practicable, the Secre- 
taries shall make adequate resources available to the Technical 
Working Group to ensure its efficient and effective operation. The 
Secretaries may provide staff to assist the Technical Working Group 
in carrying out its duties and functions. 

(g) Authorization of Appropriations.— There is authorized 
to be appropriated to each of the Secretaries not more than $450,000 
for each of the fiscal years 2006 through 2010 to carry out this 
section. 

7 use 8507. SEC. 8. MISCELLANEOUS MATTERS. 

(a) Availabiuty of Appropriated Funds.— Amounts appro- 
priated tmder this Act shall remain available until expended. 

(b) Administrative Expenses.— Of the amounts appropriated 
to carry out this Act for a fiscal year, the Secretaries may expend 
not more than five percent to cover the administrative expenses 
necessary to carry out this Act. 

Approved October 30, 2004. 



LEGISLATIVE HISTORY— H.R. 3479: 

HOUSE REPORTS: No. 108-687, Pt. 1 (Comm. on Resources). 
congressional RECORD, Vol. 150 (2004): 

Sept. 28, considered and passed House. 

Oct. 10, considered and passed Senate. 



o 



224 



PUBLIC LAW 10&-385-OCT. 30, 2004 118 STAT. 2227 



Public Law 108-385 
108th Congress 

An Act 

To a4juBt the boundary of the John Muir National HiBtoric Site, and for other Oct. 30, 2004 



purposes. [H.R, 3706] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, John Muir 

r,^^^^.,.^^^ , ^^^^^^ ^w.-. ^ National Historic 

SECTION 1. SHORT TITLE. Site Boundanr 

This Act may be cited as the "John Muir National Historic J^usSl n?te 
Site Boundary Adjustment Act". 

SEC. 2. BOUNDARY ADJUSTMENT. 

(a) Boundary. — ^The boundary of the John Muir National His- 
toric Site is adjusted to include the lands generally depicted on 
the map entitled "Boundary Map, John Muir National Historic 
Site" numbered PWR-OL 426-80,044a and dated August 2001. 

(b) Land Acquisition. — ^The Secretary of the Interior is author- 
ized to acquire tiie lands and interests in lands identified as the 
"Boundary Adjustment Area" on the map referred to in subsection 
(a) by donation, purchase with donated or appropriated funds, 
exchange, or otherwise. 

(c) Administration. — The lands and interests in lands 
described in subsection (b) shall be administered as part of the 
John Muir National Historic Site established by the Act of August 
31, 1964 (78 Stat. 753; 16 U.S.C. 461 note). 

Approved October 30, 2004. 



LEGISLATIVE HISTORY— H.R. 3706: 

HOUSE REPORTS: No. 108-555 (Coram, on Resources). 

SENATE REPORTS: No. 10&-378 (Coram, on Energy and Natural Resoim^s). 

CONGRESSIONAL RECORD, Vol. 150 (2004): 

June 21, considered and passed House. 

Oct. 10, considered and passed Senate. 



o 



225 



118 STAT. 2234 



PUBLIC LAW 108-387— OCT. 30, 2004 



Public Law 108-387 
108th Congress 



Oct. 30, 2004 
[H.E. 3819] 



Lewis and Clark 
National 
Historical Park 
Designation Act. 

16 use 410kkk 
note. 



16 use 410kkk. 



16 use 

410kkk-l. 



An Act 



To redesignate Fort Clatsop National Memorial as the Lewis and Clark National 
Historical Park, to include in the park sites in the State of Washington as 
well as the State of Oregon, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

TITLE I— LEWIS AND CLARK NATIONAL 
fflSTORICAL PARK DESIGNATION ACT 

SEC. 101. SHORT TITLE. 

This title may be cited as the "Lewis and Clark National 
Historical Park Designation Act". 

SEC. 102. DEFINITIONS. 

As used in this title: 

(1) Park. — The term "park" means the Lewis and Clark 
National Historical Park designated in section 103. 

(2) Secretary.— The term "Secretary" means the Secretary 
of the Interior. 

SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK. 

(a) Designation. — In order to preserve for the benefit of the 
people of the United States the historic, cultural, scenic, and natural 
resources associated with the arrival of the Lewis and Clark Expedi- 
tion in the lower Columbia River area, and for the purpose of 
commemorating the culmination and the winter encampment of 
the Lewis and Clark Expedition in the winter of 1805-1806 fol- 
lowing its successful crossing of the North American Continent, 
there is designated as a unit of the National Park System the 
Lewis and Clark National Historical Park. 

(b) Boundaries. — ^The boundaries of the park are those gen- 
erally depicted on the map entitled "Lewis and Clark National 
Historical Park, Boundary Map", numbered 405/80027, and dated 
December 2003, and which includes — 

(1) lands located in Clatsop County, Oregon, which are 
associated with the winter encampment of the LeAvis and Clark 
Expedition, known as Fort Clatsop and designated as the Fort 
Clatsop National Memorial by Public Law 85-435, including 
the site of the salt cairn (specifically, lot number 18, block 
1, Cartwright Park Addition of Seaside, Oregon) used by that 
expedition and adjacent portions of the old trail which led 
overland firom the fort to the coast; 



226 



PUBLIC LAW 108-387— OCT. 30, 2004 118 STAT. 2235 

(2) lands identified as "Fort Clatsop 2002 Addition Lands" 
on the map referred to in this subsection; and 

(3) lands located alon^ the lower Columbia River in the 
State of Washington associated with the arrival of the Lewis 
and Clark Expedition at the Pacific Ocean in 1805, which 
are identified as "Station Camp", "Clark's Dismal Nitch", and 
"Cape Disappointment" on the map referred to in this sub- 
section. 

(c) Acquisition of Land.— 

(1) Authorization. — ^The Secretary is authorized to acquire 
land, interests in land, and improvements therein within the 
boundaries of the park, as identified on the map referred to 
in subsection (b), by donation, purchase with donated or appro- 
priated funds, exchange, transfer from any Federal agency, 
or by such other means as the Secretary deems to be in the 
public interest. 

(2) Consent of landowner required.— The lands author- 
ized to be acquired under paragraph (1) (other than corporately 
owned timberlands within the area identified as "Fort Clatsop 
2002 Addition Lands" on the map referred to in subsection 
(b)) may be acquired only with the consent of the owner. 

(3) Acquisition of fort clatsop 2002 addition lands.— Contracts. 
If the owner of corporately owned timberlands within the area 
identified as 'Tort Clatsop 2002 Addition Lands" on the map 
referred to in subsection (b) agrees to enter into a sale of 

such lands as a result of actual condemnation proceedings 
or in heii of condemnation proceedings, the Secretary shall 
enter into a memorandum of understanding with the owner 
regarding the manner in which such lands shall be managed 
after acquisition by the United States. 

(d) Cape Disappointment. — 

(1) Transfer. — Subject to vahd rights (including with- 
drawals), the Secretary shall transfer to the Director of the 
National Park Service management of any Federal land at 
Cape Disappointment, Washington, that is within the boundary 
of the park. 

(2) Withdrawn land.— 

(A) Notice. — ^The head of any Federal agency that 
has administrative jurisdiction over withdrawn land at 
Cape Disappointment, Washington, within the boimdary 
of the park shall notify the Secretary in writing if the 
head of the Federal agency does not need the withdrawn 
land. 

(B) Transfer. — On receipt of a notice under subpara- 
graph (A), the withdrawn land shall be transferred to the 
administrative jurisdiction of the Secretary, to be adminis- 
tered as part of the park. 

(3) Memorial to thomas jefferson.— All withdrawals of 
the 20-acre parcel depicted as a "Memorial to Thomas Jefferson" 
on the map referred to in subsection (b) are revoked, and 
the Secretary shall establish a memorial to Thomas Jefferson 
on the parcel. 

(4) Management of cape disappointment state park 
land. — ^The Secretary may enter into an agreement with the 
State of Washington providing for the administration by the 
State of the land within the boundary of the park known 
as "Cape Disappointment State Park". 



227 



118 STAT. 2236 



PUBLIC LAW 108-387— OCT. 30, 2004 



16 use 
410kkk-2. 



Deadline. 



16 use 
450inin — 
460min-3. 
16 use 
410kkk-3. 



16 use 
410kkk-4. 



16 use 

410kkk-6. 



(e) Map Availability. — The map referred to in subsection (b) 
shall be on file and available for public inspection in the appropriate 
offices of the National Park Service. 

SEC. 104. ADMBMISTRATION, 

(a) In General. — ^The park shall be administered by the Sec- 
retary in accordance with this title and with laws generally 
applicable to units of the National Park System, including the 
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and 
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). 

(b) Management Plan.— Not later than 3 years after funds 
are made available for this piupose, the Secretary shall prepare 
an amendment to the General Management Plan for Fort Clatsop 
National Memorial to guide the mtmagement of the park. 

(c) Cooperative Management.— In order to facilitate the 
presentation of a comprehensive picture of the Lewis and Clark 
Expedition's experiences in the lower Columbia River area and 
to promote more efficient administration of the sites associated 
with those experiences, the Secretary may enter into cooperative 
management agreements with appropriate officials in the States 
of Washington and Oregon in accordance with the authority pro- 
vided under section 30) of Public Law 91-383 (112 Stat. 3522; 
16 U.S.C. la-2). 

SEC. 105. REPEAL OF SUPERSEDED LAW. 

(a) In General.— Public Law 85-435 (72 Stat. 153; 16 U.S.C. 
450mm et seq.), regarding the establishment and administration 
of Fort Clatsop National Memorial, is repealed. 

(b) References. — ^Any reference in any law (other than this 
title), regulation, document, record, map or other paper of the 
United States to "Fort Clatsop National Memorial" shall be consid- 
ered a reference to the "Lewis and Clark National Historical Park". 

SEC. 106. PRIVATE PROPERTY PROTECTION. 

(a) Access to Private Property.— Nothing in this title shall 
be construed to— 

(1) require any private property owner to permit pubUc 
access (including Federal, State, or local government access) 
to such private property; or 

(2) modify any provision of Federal, State, or local law 
with regard to public access to or use of private lands. 

(b) Liability. — ^Designation of the park shall not be considered 
to create any liability, or to have any effect on any liability under 
any other law, of any private property owner with respect to any 
persons injured on such private property. 

(c) Recognition of Authority to Control Land Use.— 
Nothing in this title shall be construed to modify any authority 
of Federal, State, or local governments to regvdate the use of private 
land Avithin the boundary of the park. 

SEC, 107. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this title. 



228 



PUBLIC LAW 108-387— OCT. 30, 2004 118 STAT. 2237 

TITLE n—LEWIS AND CLARK EASTERN 
LEGACY STUDY 

SEC. 201. DESIGNATION OF ADDITIONAL SITES FOB STUDY. 

(a) Study.— 

(1) In GENERAL. — ^The Secretary of the Interior shall update, 
with an accompanying map, the 1958 Lewis and Clark National 
Historic Landmark theme study to determine the historical 
significance of the eastern sites of the Corps of Discovery 
expedition used by Meriwether Lewis and William Clark, 
whether independently or together, in the preparation phase 
starting at Monticello, Virginia, and traveling to Wood River, 
Illinois, and the return phase from Saint Louis, Missouri, to 
Washington, District of Columbia, including sites in Virginia, 
Washington, District of Columbia, Maryland, Delaware, 
Pennsylvania, West Virginia, Ohio, Kentucky, Tennessee, 
Indiana, £uid Illinois. 

(2) Focus OF UPDATE; NOMINATION AND ADDITION OF PBOP- 
ERTIES. — ^The focus of the study under paragraph (1) shall be 
on developing historic context information to assist in the 
evaluation and identification, including the use of plaques, of 
sites eUgible for listing in tiie National Register of Historic 
Places or designation as a National Historic Landmark. 

(b) Report. — ^Not later than 1 year after funds are made avail- 
able for the study under this section, the Secretary shall submit 
to the Committee on Resources in the House of Representatives 
and the Committee on Energy and Natural Resources in the Senate 
a report describing any findings, conclusions, and recommendations 
of the study. 

SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 
be necessary to carry out this title. 

Approved October 30, 2004. 



LEGISLATIVE fflSTORY— H.R. 3819 (S. 2167): 

HOUSE REPORTS: No. 108-670 (Comm. on Resources). 

SENATE REPORTS: No. 108-322 accompanying S. 2167 (Comm. on Energy and 

Natural Resources). 
CONGRESSIONAL RECORD, Vol 150 (2004): 

July 19, considered and passed House. 

Oct. 10, considered and passed Senate. 



o 



229 



PUBLIC LAW 108-389— OCT. 30, 2004 



118 STAT. 2239 



Public Law 108-389 
108th Congress 



An Act 



To provide for the conveyance of certain land to the United States and to revise 
the boundary of Chickasaw National Recreation Area, Oklahoma, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Chickasaw National Recreation 
Area Land Exchange Act of 2004". 

SEC. 2. FINDINGS AND PURPOSE. 

(a) Findings. — Congress finds the following: 

(1) By provision 64 of the affl*eement between the United 
States and the Choctaws and Chickasaws dated March 21, 
1902 (32 Stat. 641, 655-56), approved July 1, 1902, 640 acres 
of property were ceded to the United States for the purpose 
of creating Sulphur Springs Reservation, later known as Piatt 
National Park, to protect water and other resources and provide 
pubUc access. 

(2) In 1976, Piatt National Park, the Arbuckle Recreation 
Area, and additional lands were combined to create Chickasaw 
National Recreation Area to protect and expand water and 
other resources as well as to memorialize the history and cul- 
ture of the Chickasaw Nation. 

(3) More recently, the Chickasaw Nation has expressed 
interest in establishing a cultural center inside or adjacent 
to the park. 

(4) The Chickasaw National Recreation Area's Final 
Amendment to the Greneral Management Plan (1994) found 
that the best location for a proposed Chickasaw Nation (Cultural 
Center is within the Recreation Area's existing boundary and 
that the selected cultural center site should be conveyed to 
the Chickasaw Nation in exchange for land of equal value. 

(5) The land selected to be conveyed to the Chickasaw 
Nation holds significant historical and cultural connections to 
the people of the Chickasaw Nation. 

(6) The City of Sulphur, Oklahoma, is a key partner in 
this land exchange through its donation of land to the Chicka- 
saw Nation for the purpose of exchange with the United States. 

(7) The City of Sulphur, Oklahoma, has conveyed fee simple 
title to the non-Federal land described as Tract 102-26 to 
the Chickasaw Nation by Warranty Deed. 

(8) The National Park Service, the Chickasaw Nation, and 
the City of Sulphur, Oklahoma, have signed a preUminary 



Oct. 30, 2004 
[H.R. 4066] 



Chickasaw 
National 
Recreation Area 
Land Exchange 
Act of 2004. 
16 use 460hh 
note. 



230 



118 STAT. 2240 PUBLIC LAW 108-389— OCT. 30, 2004 

agreement to effect a land exchange for the purpose of the 

construction of a cultural center. 

(b) Purpose. — ^The pvupose of this Act is to authorize, direct, 
facilitate, and expedite the land conveyance in accordance with 
the terms and conditions of this Act. 

SEC. 3. DEFINmONS. 

For the purposes of this Act, the following definitions apply: 

(1) Federal land.— The term "Federal land" means the 
Chickasaw National Recreational Area lands and interests 
therein, identified as Tract 102-25 on the Map. 

(2) Non-federal land.— The term "non-Federal land" 
means the lands and interests therein, formerly owned by the 
City of Sulphvir, Oklahoma, and currently owned by the Chicka- 
saw Nation, located adjacent to the existing boundary of Chicka- 
saw National Recreation Area and identified as Tract 102- 
26 on the Map. 

(3) Map. — ^The term "Map" means the map entitled "Pro- 
posed Land Exchange and Boundary Revision, Chickasaw 
National Recreation Area", dated September 8, 2003, and num- 
bered 107/800035a. 

(4) Secretary. — ^The term "Secretarjr" means the Secretary 
of the Interior. 

SEC. 4. CfflCKASAW NATIONAL RECREATION AREA LAND CONVEY- 
ANCE. 

Deadline. (a) LAND CONVEYANCE. — ^Not later then 6 months after the 

Chickasaw Nation conveys all right, title, and interest in and to 
the non-Federal land to the United States, the Secretary shall 
convey all right, title, and interest in and to the Federal land 
to the Chickasaw Nation. 

(b) Valuation of Land to Be Conveyed.— The fair market 
values of the Federal land and non-Federal land shall be determined 
by an appraisal acceptable to the Secretary and the Chickasaw 
Nation. The appraisal shall conform with the Federal appraisal 
standards, as defined in the Uniform Appraisal Standards for Fed- 
eral Land Acquisitions developed by the Interagency Land Acqxiisi- 
tion Conference, 1992, and any amendments to tnese standards, 

(c) Equalization of Values.— If the fair market values of 
the Federal land and non-Federal land are not equal, the values 
may be equalized by the payment of a cash equalization payment 
by the Secretary or the Chickasaw Nation, as appropriate. 

(d) Conditions.— 

(1) In general. — ^Notwithstanding subsection (a), the 
conveyance of the non-Federal land authorized under subsection 
(a) shall not take place until the completion of aU items included 
in the Preliminary Exchange Agreement among the City of 
Sulphur, the Chickasaw Nation, and the National Park Service, 
executed on July 16, 2002, except as provided in paragraph 
(2). 

(2) Exception.— The item included in the Preliminary 
Exchange Agreement among the City of Sulphur, the Chickasaw 
Nation, and the National Park Service, executed on July 16, 
2002, providing for the Federal land to be taken into trust 
for the benefit of the Chickasaw Nation shall not apply. 

(e) Administration of Acquired Land. — ^Upon completion of 
the land exchange authorized under subsection (a), the Secretary — 



231 



PUBLIC LAW 108-389— OCT. 30, 2004 118 STAT. 2241 

(1) shall revise the boundary of Chickasaw National Recre- 
ation Area to reflect that exchange; and 

(2) shall administer the land acquired by the United States 
in accordance with apphcable laws and regulations. 

Approved October 30, 2004. 



LEGISLATIVE fflSTORY— H.R. 4066 (S. 2374): 

HOUSE REPORTS: No. 108-702 (Coram, on Resources). 

SENATE REPORTS: No. 108-369 accompanying S. 2374 {Ck)mm. on Energy and 

Natural Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Sept. 28, considered and passed House. 

Oct. 10, considered and passed Senate. 



o 



232 



PUBLIC LAW 108-394— OCT. 30, 2004 



118 STAT. 2247 



Public Law 108-394 
108th Congress 



An Act 



To amend Public Law 86-434 establishing Wilson's Creek National Battlefield in 
the State of Missouri to expand the boundaries of the park, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the "Wilson's Creek National Battle- 
field Boundary Adjustment Act of 2004". 

SEC. 2. EXPANSION OF BOUNDARIES, WILSON'S CREEK NATIONAL 
BATTLEFIELD, MISSOURL 

(a) Boundary Expansion; Private Property Protections.— 
The first section of Public Law 86-434 (16 U.S.C. 430kk) is 
amended — 

(1) by striking "That the Secretary" and inserting the fol- 
lowing: 

•SECTION 1. WILSONTS CREEK NATIONAL BATTLEFIELD: ESTABLISH- 
MENT AND ACQUISITION OF LANDS. 

"(a) Establishment, Initlu. Boundaries.— The Secretary"; 
and 

(2) by adding at the end the following new subsections: 
"(b) Expansion of Boundaries.— <1) The boundaries of the 

Wilson's Creek National Battlefield are revised to include lands 
and interests therein consisting of six parcels totaling 615 acres 
and identified as parcels % 2, 3, 4, 5, and 6' on the map entitled 
"Wilson's Creek National Battlefield Proposed Boundary*, numbered 
410/80,037 and dated January 27, 2004. The map shall be on 
file and available for public inspection in the appropriate ofiices 
of the National Park Service. 

"(2) The Secretary is authorized to acquire the lands referred 
to in paragraph (1) by donation, by purchase from willing sellers 
with donated or appropriated fiinds, or by exchange. The Secretary 
may acquire by the same methods personal property associated 
with, and appropriate for, interpretation of the park. 

"(c) Access to Private Property.— Nothing in this Act shall 
be construed to — 

"(1) require any private property owner to allow pubhc 

access (including Federal, State, or local government access) 

to such private property; or 

"(2) modify any provision of Federal, State, or local law 

with regard to pubhc access to or use of private property. 

"(d) Liability.— The revision of the boundaries of the Wuson s 
Creek National Battlefield by subsection (b) shall not be considered 



Oct. 30, 2004 
[H.R. 4481] 



Wilson's Creek 

National 

Battlefield 

Boundaiy 

Adjustment Act 

of 2004. 

16 use 430kk 

note. 



233 



118 STAT. 2248 PUBLIC LAW 108-394— OCT. 30, 2004 

to create £uiy liability for, or to have any effect on any liability 
under any otiier law of, any owner of private property with respect 
to any person iiyured on that private property. 

"(e) Recognition of Authority to Control Land Use.— 
Nothing in this Act shall be construed to modify the authority 
of Federal, State, or local governments to regulate land use. 

"(f) Participation of Private Property Owners.— Nothing 
in this Act shall be construed to require the owner of any private 

Sroperty located within the boundaries of the Wilsons Creek 
rational Battlefield to participate in, or be associated with, the 
National Battlefield. 

"(g) Effect of Expansion.— The boundaries of the Wilson's 
Creek National Battlefield, as revised by subsection (b), represent 
the area Avithin which Federal ftinds appropriated for the purpose 
of this Act may be expended. The boundary revision shall not 
be construed to provide any nonexisting regulatory authority on 
l£ind use within the National Battlefield or its viewshed by the 
Secretary or the National Park Service.". 

(b) Authorization of Appropriations.— Section 3 of such Act 
(16 U.S.C. 430mm) is amended by adding at the end the following 
new sentence: "There are authorized to be appropriated such sums 
as may be necessary to carry out section 1(b). . 

Approved October 30, 2004. 



legislative history— H.R. 4481 (S. 2432): 

HOUSE REPORTS: No. 108-651 (Coram, on Resources). 

senate REPORTS: No. 108-371 accompanying S. 2432 (Comm. on Energy and 

Natural Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Sept. 13, considered and passed House. 

Oct. 10, considered and passed Senate. 



o 



234 



118 STAT. 2250 PUBLIC LAW 108-396— OCT. 30, 2004 



Public Law 108-396 
108th Congress 

An Act 

Oct 30, 2004 To modify the boundary of the Harry S Truman National HiBtoric Site in the 

fHR 45791 State of Missouri, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Truman Farm the United States of America in Congress assembled, 
Home Expansion 
Act. SECTION 1. SHORT TITLE. 

This Act may be cited as the "Truman Farm Home Expansion 
Act". 

SEC. 2. HARRY S TRUMAN NATIONAL HISTORIC SITE BOUNDARY MODI- 
FICATION. 

The first section of Public Law 9^-32 (16 U.S.C. 461 note) 
is amended — 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 
"(d) Acquisition of Additional Land.— 

"(1) In general. — ^The Secretary may acquire, by donation, 
purchase with donated or appropriated funds, transfer from 
another Federal agency, or any other means, the land described 
in paragraph (2) for inclusion in the Harry S Truman National 
Historic Site. 

"(2) DESCRlPnoN of land.— The land referred to in para- 
graph (1) consists of the approximately 5 acres of land 
(including the structure located south of the Truman Farm 
Home site), as generally depicted on the map entitled 'Harry 
S Truman National Historic Site Proposed Boundary', num- 
bered 492/80,027, and dated April 17, 2003. 

"(3) Boundary modification.— On acquisition of the land 
under this subsection, the Secretary shall modify the boundary 
of the Harry S Truman National Historic Site to reflect the 
acquisition of the land.". 

Approved October 30, 2004. 



legislative history— H.R. 4579: 

house REPORTS: No. 108-703 (Coram, on Resources). 
congressional record, Vol. 150 (2004): 

Sept. 28, considered and passed House. 

Oct. 10, considered and passed Senate. 

o 



235 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2305 



Public Law 108-411 
108th Congress 

An Act 

Oct. 30, 2004 



To provide for reform relating to Federal employment, and for other purposes. 



[S. 129] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. Federal 

Workforce 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. FlexibiUty Act of 

(a) Short Title.— This Act may be cited as the "Federal f^pinin„*„ 
Workforce FlexibiUty Act of 2004". ^ 

(b) Table of Contents.— The table of contents of this Act 
is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I— REFORMS RELATING TO FEDERAL HUMAN CAPITAL 
MANAGEMENT 

Sec. 101. Recruitment, relocation, and retention bonuses. 
Sec. 102. Streamlined critical pay authority. 

TITLE n— REFORMS RELATING TO FEDERAL EMPLOYEE CAREER 
DEVELOPMENT AND BENEFITS 

Sec. 201. Agency training. 

Sec. 202. Annual leave enhancements. 

Sec. 203. Compensatory time off for travel. 

TITLE III— PROVISIONS RELATESTG TO PAY ADMINISTRATION 

Sec. 301. Corrections relating to pay administration. 
Sec. 302. Technical corrections. 

TITLE I— REFORMS RELATING TO FED- 
ERAL HUMAN CAPITAL MANAGEMENT 

SEC. 101. RECRUITMENT, RELOCATION, AND RETENTION BONUSES. 

(a) Bonuses.— 

(1) In GENERAL.— Chapter 57 of title 5, United States Code, 
is amended by striking sections 5753 and 5754 and inserting 
the following: 

**§ 5753. Recruitment and relocation bonuses 

"(aXD This section may be applied to — 

"(A) employees covered by the (General Schedule pay system 
established under subchapter III of chapter 53; and 

"(B) employees in a category approved by the Office of 
Personnel Management at the request of the head of an Execu- 
tive agency. 

"(2) A bonus may not be paid under this section to an individual 
who is appointed to or who holds — 



236 



118 STAT. 2306 PUBLIC LAW 108-411— OCT. 30, 2004 

"(A) a position to which an individual is appointed by 
the President, by and with the advice and consent of the Senate; 
"(B) a position in the Senior Executive Service as a non- 
career appointee (as such term is defined under section 3132(a)); 
or 

"(C) a position which has been excepted from the competi- 
tive service by reason of its confidential, policy-determining, 
policy-making, or policy-advocating character. 
(3) In this section, the term 'employee' has the meaning given 
that term in section 2105, except that such term also includes 
an employee described in subsection (c) of that section. 

"(b) The Office of Personnel Management may authorize the 
head of an agency to pay a bonus under this section to an individual 
only if — 

"(1) the position to which such individual is appointed 
(as described in paragraph (2XA)) or to which such individual 
moves or must relocate (as described in paragraph (2)(B)) is 
likely to be difficult to fill in the absence of such a bonus; 
and 

"(2) the individual— 

"(A) is newly appointed as an employee of the Federal 
Government; or 

"(B)(i) is currently employed by the Federal Govern- 
ment; and 

"(ii)(I) moves to a new position in the same geographic 
area under circvmistances described in regulations oi the 
Office; or 

"(II) must relocate to accept a position in a different 
geographic area. 
Contracts. "(cXl) Payment of a bonus under this section shall be contingent 

upon the employee entering into a written service agreement to 
complete a period of employment with the agency, not longer than 
4 years. The Office may, by relation, prescribe a minimum service 
period for purposes of tins section. 

"(2XA) The agreement shall include — 

"(i) the commencement and termination dates of the 
• required service period (or provisions for the determination 
thereof); 

"(ii) the amount of the bonus; 
"(iii) the method of payment; and 

"(iv) other terms and conditions under which the bonus 
is payable, subject to the requirements of this section and 
regulations of the Office. 

"(B) The terms and conditions for paying a bonus, as specified 
in the service agreement, shall include — 

"(i) the conditions under which the agreement may be 
terminated before the agreed-upon service period has been com- 
pleted; and 

"(ii) the effect of the termination. 
"(C) The required service period shall commence upon the 
commencement of service with tne agency or movement to a new 
position or geographic area, as apphcable, imless the service agree- 
ment provides for a later commencement date in circumstances 
and to the extent allowable under regulations of the Office, such 
as when there is an initieil period of formal basic training. 

"(d)(1) Except as provided in subsection (e), a bonus under 
this section shall not exceed 25 percent of the annual rate of 



237 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2307 

basic pay of the employee at the beginning of the service period 
multiplied by the number of years (including a fractional part 
of a year, as determined under regulations of the Office) in the 
required service period of the employee involved. 

"(2) A bonus under this section may be paid as an initial 
lump sum, in installments, as a final lump sum upon the completion 
of the full period of service reqviired by the agreement, or in a 
combination of these forms of payment. 

"(3) A bonus under this section is not part of the basic pay 
of an employee for any purpose. 

"(4) Under regulations of the Office, a recruitment bonus under 
this section may be paid to an eligible individual before that indi- 
vidual enters on duty. 

"(e) The Office may authorize the head of an agency to waive 
the limitation under subsection (d)(1) based on a critical agenw 
need, subject to regulations prescribed by the Office. Under sucn 
a waiver, the maximum bonus allowable shall — 

"(1) be equal to the maximum that would be determined 

if subsection (d)(1) were apphed by substituting '50' for *25*; 

but 

"(2) in no event exceed 100 percent of the annual rate 

of basic pay of the employee at the beginning of the service 

period. 
Nothing in this subsection shall be considered to permit the waiver 
of any requirement imder subsection (c). 

(f) The Office shall require that an agency establish a plan 
for the payment of recruitment bonuses before paving any such 
bonuses, and a plan for ttie payment of relocation bonuses before 
paying any such bonuses, subject to regvdations prescribed by the 
Office. 

"(g) The Office may prescribe regulations to carry out this 
section, including regulations relating to the repayment of a bonus 
under this section in appropriate circumstances when the agreed- 
upon service period has not been completed. 

"§ 5754. Retention bonuses 

"(aXD This section may be applied to — 

"(A) employees covered by the General Schedule pay system 
established under subchapter III of chapter 53; and 

"(B) employees in a category approved by the Office of 
Personnel Management at the request of the head of an Execu- 
tive agency. 

"(2) A bonus may not be paid under this section to an individual 
who is appointed to or who holds — 

•^A) a position to which an individual is appointed by 
the President, by and with the advice and consent of the Senate; 
"(B) a position in the Senior Executive Service as a non- 
career appomtee (as such term is defined under section 3132(a)); 
or 

"(C) a position which has been excepted fi-om the competi- 
tive service by reason of its confidential, policy-determining, 
policy-making, or poUcy-advocating character. 
(3) In this section, the term 'employee' has the meaning given 
that term in section 2105, except that such term also includes 
an employee described in subsection (c) of that section. 

"(b) The Office of Personnel Management may authorize the 
head of an agency to pay a retention bonus to an employee if— 



238 



118 STAT. 2308 



PUBLIC LAW 108-411— OCT. 30, 2004 



Contracts. 



Notices. 



"(1) the unusually high or unique qualifications of the 
employee or a special need of the agency for the employee's 
services makes it essential to retain the employee; and 

"(2) the agency determines that, in the absence of a reten- 
tion bonus, the employee would be likely to leave — 
"(A) the Federal service; or 

"(B) for a diflferent position in the Federal service under 
conditions described in regulations of the Office. 
"(c) The Office may authorize the head of an agency to pay 
retention bonuses to a group of employees in 1 or more categories 
of positions in 1 or more geographic areas, subject to the require- 
ments of subsection (b)(1) and regulations prescribed by the Office, 
if there is a high risk that a significant portion of employees 
in the group would be likely to leave in the absence of retention 
bonuses. 

"(dXD Payment of a retention bonus is contingent upon the 
employee entering into a written service agreement with the agency 
to complete a period of employment with the agency. 
"(2XA) The agreement shall include — 

"(i) the length of the required service period; 
"(ii) the amount of the bonus; 
"(iii) the method of payment; and 

"(iv) other terms and conditions under which the bonus 
is payable, subject to the requirements of this section and 
regulations of the Office. 

"(B) The terms and conditions for paying a bonus, as specified 
in the service agreement, shall include — 

"(i) the conditions under which the agreement may be 
terminated before the agreed-upon service period has been com- 
pleted; and 

"(ii) the effect of the termination. 
"(3XA) Notwithstanding paragraph (1), a written service agree- 
ment is not required if the agency pays a retention bonus in 
biweekly installments and sets the installment payment at the 
full bonus percentage rate estabUshed for the employee with no 
portion of the bonus deferred. 

"(B) If an agency pays a retention bonus in accordance with 
subparagraph (A) and makes a determination to terminate the 
payments, the agency shall provide written notice to the employee 
of that determination. Except as provided in regulations of the 
Office, the employee shall continue to be paid the retention bonus 
through the end of the pay period in which such written notice 
is provided. 

"(4) A retention bonus for an employee may not be based 
on any period of such service which is the basis for a recruitment 
or relocation bonus xmder section 5753. 

"(e)(1) Except as provided in subsection (f), a retention bonus, 
which shall be stated as a percentage of the employee's basic 
pay for the service period associated with the bonus, may not 
exceed — 

"(A) 25 percent of the employee's basic pay if paid under 
subsection (b); or 

"(B) 10 percent of an employee's basic pay if paid under 
subsection (c). 

"(2XA) A retention bonus may be paid to an employee in install- 
ments after completion of specified periods of service or in a single 



239 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2309 

lump sum at the end of the full period of service required by 
the agreement. 

"(B) An installment payment is derived by multiplying the 
amount of basic pay earned m the installment period by a percent- 
age not to exceed the bonus percentage rate establisned for the 
employee. 

"(C) If the installment payment percentage established for the 
employee is less than the bonus percentage rate established for 
the employee, the accrued but unpaid portion of the bonus is payable 
as part of the final installment payment to the employee after 
completion of the full service period imder the terms of the service 
agreement. 

"(D) For piU7)oses of this paragraph, the bonus percentage 
rate established for an employee means the bonus percentage rate 
established for such employee in accordance with paragraph (1) 
or subsection (f), as the case may be. 

"(3) A retention bonus is not part of the basic pay of an 
employee for any purpose. 

"(f) Upon the request of the head of an agency, the Office 
may waive the limit established imder subsection (e)(1) and permit 
the agency head to pay an otherwise eligible employee or category 
of employees retention bonuses of up to 50 percent of basic pay, 
based on a critical agency need. 

"(g) The Office shall require that, before paying any bonuses 
vmder this section, an agency shall establish a plan for the payment 
of any such bonuses, subject to regulations prescribed by the Office. 

"(h) The Office may prescribe regulations to carry out this 
section.". 

(2) Clerical amendment.— The table of sections for 
chapter 57 of title 5, United States Code, is amended by striking 
the item relating to section 5754 and inserting the following: 

"5754. Retention bonuses.". 

(3) Sense of congress.— It is the sense of the Congress 
that the Director of the Office of Personnel Management — 

(A) should, each time a bonus is paid under the amend- 
ment made by paragraph (1) to recrmt or relocate a Federal 
employee from one Government agency to another within 
the same geographic area or to reteiin a Federal employee 
who might otherwise leave one Government agency for 
another within the same geographic area, be notified of 
that pajrment within 60 days after the date on which 
such bonus is paid; and 

(B) should monitor the payment of such bonuses (in 
the circumstances described in subparagraph (A)) to ensure 
that they are an effective use of the Federal Grovemment's 
funds and have not adversely affected the abiUty of those 
Government agencies that lost employees to other Govern- 
ment agencies (in such circimistances) to carry out their 
mission. 

(b) Relocation Payments.— Section 407 of the Federal 
Employees Pay Comparability Act of 1990 (5 U.S.C. 5305 note; 
104 Stat. 1467) is repealed. 

(c) Reports.— 

(1) Recruitment and relocation bonuses.— 

(A) In general. — ^The Office of Personnel Management 
shall submit to the Committee on Governmental Affairs 
of the Senate and the Committee on Government Reform 



240 



118 STAT. 2310 PUBLIC LAW 10&-411— OCT. 30, 2004 

of the House of Representatives annually, for each of the 
first 5 years during which section 5753 of title 5, United 
States Code (as amended by subsection (a)(1)) is in effect, 
a report on the operation of such section. 

(B) Contents. — Each report submitted under this 
paragraph shall include, with respect to the period covered 
by such report, a description of how the authority to pay 
bonuses under the section of title 5, United States Code, 
referred to in subpara^aph (A) was used by the respective 
agencies, including, with respect to each such agency and 
each type of bonus under such section — 

(i) the number and dollar-amount of bonuses 

paid — 

(I) to individuals holding positions within each 
pay grade, pay level, or omer pay classification; 
and 

(II) if applicable, to individuals who moved 
between positions that were in different agencies 
but the same geographic area (including the names 
of the agencies involved); and 

(ii) a determination of the extent to which such 
bonuses furthered the purposes of such section. 
(2) Retention bonuses.— 

(A) In general. — The Office of Personnel Management 
shall submit to the Committee on Governmental Affairs 
of the Senate and the Committee on Government Reform 
of the House of Representatives annually, for each of the 
first 5 years during which section 5754 of title 5, United 
States Code (as amended by subsection (a)(1)) is in effect, 
a report on the operation of such section. 

(B) Contents. — Each report submitted under this 
paragraph shall include, with respect to the period covered 
by such report, a description of now the authority to pay 
bonuses under the section of title 5, United States Code, 
referred to in subparagraph (A) was used by the respective 
agencies, including, with respect to each such agency — 

(i) the nvunber and dollar-amount of bonuses 
paid — 

(I) to individuals holding positions within each 
pay grade, pay level, or other pay classification; 
and 

(II) if appUcable, to prevent individuals fiivm 
moving between positions that were in different 
agencies but the same geographic area (including 
the names of the agencies involved); and 

(ii) a determination of the extent to which such 
bonuses furthered the purposes of such section. 
5 use 5753 note. (d) EFFECTIVE DATE AND APPLICATION.— 

(1) Effective date. — ^Except as provided under paragraphs 
(2) and (3), this section shall take effect on the first day of 
the first appUcable pay period beginning on or afl«r the 180th 
day after the date of the enactment of this Act. 

(2) Application to agreements. — ^A recruitment or reloca- 
tion bonus service agreement that was authorized under section 
5753 of title 5, Urated States Code, before the effective date 
under paragraph (1) shall continue, until its expiration, to 



241 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2311 

be subject to such section as in effect on the day before such 
effective date. 

(3) Appucation to allowances.— Payment of a retention 
allowance that was authorized under section 5754 of title 5, 
United States Code, before the effective date under paragraph 
(1) shall continue, subject to such section as in effect on the 
day before such effective date, until the retention allowance 
is reauthorized or terminated (but no longer than 1 year after 
such effective date). 

SEC. 102. STREAMLINED CRITICAL PAY AUTHORITY. 

Section 5377 of title 5, United States Code, is amended — 

(1) by striking "Office of Personnel Management" each place 
it appears and inserting "Office of Management and Budget"; 

(2) by striking "Office of Management and Budget" each 
place it appears and inserting "Office of Personnel Manage- 
ment"; 

(3) in subsection (g), by striking "prescribing regulations 
under this section or"; and 

(4) in subsection (h), by striking "Committee on Post Office 
and Civil Service" and inserting "Committee on Government 
Reform". 

TITLE II— REFORMS RELATING TO FED- 
ERAL EMPLOYEE CAREER DEVELOP- 
MENT AND BENEFITS 

SEC. 201. AGENCY TRAINING. 

(a) Training To Accompush Performance Plans and Stra- 
tegic Goals.— Section 4103 of title 5, United States Code, is 
amended by adding at the end the following: 

"(c) The head of each agency shall, on a reguleu- basis — 

"(1) evaluate each program or plan estabhshed, operated, 
or maintained under subsection (a) with respect to accom- 
plishing specific performance plans and strategic goals in per- 
forming the agency mission; and 

"(2) modinr such program or plan as needed to accomplish 
such plans and goals. . 

(b) Specific Training Programs.— 

(1) In general.— Chapter 41 of title 5, United States Code, 
is amended by adding after section 4120 the following: 

"§ 4121. Specific training programs 

"In consultation with the Office of Personnel Management, 
the head of each agency shall establish — 

"(1) a comprenensive management succession program to 
provide training to employees to develop managers for the 
agency; and 

"(2) a program to provide training to managers on actions, 
options, and strategies a manager may use in — 

"(A) relating to employees with unacceptable perform- 
ance; 

"(B) mentoring employees and improving employee 
performance and productivity; and 

"(C) conducting employee performance appraisals.". 



242 



118 STAT. 2312 PUBLIC LAW 108-411-^CT. 30, 2004 

(2) Clerical amendment.— The table of sections for 
chapter 41 of title 5, United States Code, is amended by adding 
at the end the following: 

"4121. Specific training programs.". 

SEC. 202. ANNUAL LEAVE ENHANCEMENTS. 

(a) Creditability of Prior Nongovernmental Service for 
Purposes of Determining Rate of Leave Accrual.— 

(1) In general.— Section 6303 of title 5, United States 
Code, is amended by adding at the end the following: 

Deadline. "(eXD Not later than 180 days after the date of the enactment 

Regulations. of this subsection, the Office of Personnel Management shall pre- 

scribe regulations under which, for purposes of determining years 
of service under subsection (a), credit shall, in the case of a newly 
appointed employee, be given for any prior service of such employee 
that would not otherwise be creditable for such purposes, if— 
"(A) such service — 

"(i) was performed in a position the duties of which 
directly relate to the duties of the position to which 
such employee is so appointed; and 

"(ii) meets such other requirements as the Office 
may prescribe; and 
"(B) in the judgment of the head of the appointing agency, 
the application of this subsection is necessary in order to 
achieve an important agency mission or performance goal. 
"(2) Service described in paragraph (1)— 

"(A) shall be creditable, for the purposes described in para- 
graph (1), as of the effective date of the employee's appointment; 
and 

"(B) shall not thereafter cease to be so creditable, unless 
the employee fails to complete a full year of continuous service 
with the agency. 

"(3) An employee shall not be eUgible for the appUcation of 
paragraph (1) on the basis of any appointment if, within 90 days 
before the effective date of such appointment, such employee has 
held any position in the civil service.". 

(2) Conforming amendment.— The second sentence of sec- 
tion 6303(a) of title 5, United States Code, is amended by 
striking the period and inserting ", and for all service which 
is creditable by virtue of subsection (e).". 

Ob) Other Annual Leave Enhancements.— Section 6303 of 
title 5, United States Code, is amended by adding after subsection 
(e) (as added by subsection (a)) the following: 

"(f) Notwithstanding any other provision of this section, the 
rate of accrual of annual leave imder subsection (a) shall be 1 
day for each full biweekly pay period in the case of any employee 
who holds a position which is subject to — 
"(1) section 5376 or 5383; or 

"(2) a pay system equivalent to either of the foregoing, 
as determined by the Office of Personnel Management.". 
5 use 6303 note. (c) APPLICABILITY. — ^None of the amendments made by sub- 

section (a) shall apply in the case of any employee holding a position 
pursuant to an appointment made before the effective date of the 
regulations implementing such amendments. 



243 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2313 

SEC. 203. COMPENSATORY TBWE OFF FOR TRAVEL. 

(a) In General, — Subchapter V of chapter 55 of title 5, United 
States Code, is amended by adding at end the following: 

"§ 5550b. Compensatory time off for travel 

"(a) Notwithstanding section 5542(b)(2), each hour spent by 
an employee in travel status away from the official duty station 
of the employee, that is not otherwise compensable, shall bie treated 
as an hour of work or employment for purposes of calculating 
compensatory time ofiF. 

"(b) An employee who has any hours treated as hours of work 
or employment for purposes of calculating compensatory time imder 
subsection (a), shall not be entitled to payment for any such hours 
that are unused as compensatory time.". 

(b) Clerical Amendment.— The table of sections for chapter 
55 of title 5, United States Code, is amended by inserting after 
the item relating to section 5550a the following: 

"5550b. Compensatory time off for travel.'. 

(c) Effective Date.— The amendments made by this section 5USC5550b 
shall take effect on the earlier of— °°^- 

(1) the effective date of any regulations prescribed to carry 
out such amendments; or 

(2) the 90th day after the date of the enactment of this 
Act. 

TITLE in— PROVISIONS RELATING TO 
PAY ADMINISTRATION 

SEC. 301. CORRECTIONS RELATING TO PAY ADMINISTRATION. 

(a) In General.— Chapter 53 of title 5, United States Code, 
is amended — 

(1) in section 5302, by striking paragraph (8) and inserting 
the following: 

"(8) the term "rates of pay under the General Schedule', 
"rates of pay for the General Schedule', or 'scheduled rates 
of basic pay* means the rates of basic pay under the General 
Schedule as established by section 5332, excluding pay under 
section 5304 and any other additional pay of any lund; and"; 

(2) in section 5305 — 

(A) by striking subsection (a) and inserting the fol- 
lowing: 
"(aXD Whenever the Office of Personnel Management finds 
that the Government's recruitment or retention efforts with respect 
to 1 or more occupations in 1 or more areas or locations are, 
or are likely to become, significantly handicapped due to any of 
the circumstances described in subsection (b), the Office may estab- 
lish for the areas or locations involved, with respect to individuals 
in positions paid under any of the pay systems referred to in 
subsection (c), higher minimum rates of pay for 1 or more grades 
or levels, occupational groups, series, classes, or subdivisions 
thereof, and may make corresponding increases in all rates of 
the pay range for each such grade or level. However, a minimmn 
rate so estaolished may not exceed the maximimi rate of basic 
pay (excluding any locality-based comparability payment under sec- 
tion 5304 or similar provision of law) for the grade or level by 



244 



118 STAT. 2314 



PUBLIC LAW 108-411— OCT. 30, 2004 



Notification. 



Effective date. 



more than 30 percent, and no rate may be established under this 
section in excess of the rate of basic pay payable for level IV 
of the Executive Schedule. In the case of individuals not subject 
to the provisions of this title governing appointment in the competi- 
tive service, the President may designate another agency to 
authorize special rates under this section. 

"(2) The head of an agency may determine that a category 
of employees of the agency wOl not be covered by a special rate 
authorization established under this section. The head of an agency 
shall provide written notice to the Office of Personnel Management 
(or other agency designated by the President to authorize special 
rates under the last sentence of paragraph (1)) w^hich identifies 
the specific category or categories of employees that will not be 
covered by special rates authorized under this section. If the head 
of an agency removes a categonr of employees fi"om coverage under 
a special rate authorization after that authorization takes effect, 
the loss of coverage wiU take effect on the first day of the first 
pay period after the date of the notice."; 

(B) in subsection (b), by striking paragraph (4) and 
inserting the following: 

"(4) any other circumstances which the Office of Personnel 
Management (or such other agency as the President may under 
the last sentence of subsection (aXD designate) considers appro- 
priate."; 

(C) in subsection (d) — 

(i) by striking "President" and inserting "Office 
of Personnel Management"; and 

(ii) by striking "or by such agency as he may 
designate and inserting "(or by such other agency 
as the President may designate under the last sentence 
of subsection (aX 1))"; 

(D) in subsection (e), by striking "basic pay" and 
inserting "pay"; 

(E) by striking subsection if) and inserting the fol- 
lowing: 

"(f) When a schedule of special rates established imder this 
section is adjusted under subsediion (d), a covered employee's special 
rate will be adjusted in accordance with conversion rules prescribed 
by the Office of Personnel Management (or by such other agency 
as the President may under the last sentence of subsection (aXD 
designate)."; 

(F) in subsection (g)(1) — 

(i) by striking "basic pay" and inserting "pay"; 
and 

(ii) by striking "President (or his designated 
agencyr and inserting "Office of Personnel Manage- 
ment (or such other agency as the President may under 
the last sentence of subsection (aXD designate)"; 

(G) by striking subsection (h) and inserting the fol- 
lowing: 

"(h) An employee shall not for any purpose be considered to 
be entitled to a rate of pay estabUshed under this section with 
respect to any period for which such employee is entitled to a 
higher rate of basic pay under any other provision of law. For 
purposes of this subsection, the term "basic pay* includes any 
applicable locality-based comparability payment under section 5304 
or similar provision of law."; and 



245 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2315 

(H) by adding at the end the following: 
"(i) If an employee who is receiving a rate of pay under this 
section becomes subject, by virtue of moving to a new official duty 
station, to a different pay schedule, such employee's new rate of 

gay shall be initially established imder conversion rules prescribed 
y the Office of Personnel Management (or such other agency 
as the President may under the last sentence of subsection (a)(1) 
designate) in conformance with the following: 

"(1) First, determine the rate of pay to which such employee 
would be entitled at the new official dubr station based on 
such employee's position, grade, and step (or relative position 
in the rate range) before the move. 

"(2) Then, if (in addition to the change in pay schedule) -3 

the move also involves any personnel action or other change 
requiring a rate adjustment under any other provision of law, 
rule, or regulation, apply the appUcable rate adjustment provi- 
sions, treating the rate determined imder paragraph (1) as 
if it were the rate last received by the employee before the 
rate adjustment. 

"(j) A rate determined under a schedule of special rates estab- 
lished under this section shall be considered to be part of basic 
pay for purposes of subchapter III of chapter 83, chapter 84, chapter 
87, subchapter V of chapter 55, and section 5941, and for such 
other purposes as may be expressly provided for by law or as 
the Office of Personnel Management may by regulation prescribe."; 

(3) in section 5334— 

(A) in subsection (b), by adding at the end the following: 
"If an employee's rate after promotion or transfer is greater than 
the maximum rate of basic pay for the employee's grade, that 

rate shall be treated as a retained rate under section 5363. The Regulations. 
Office of Personnel Management shall prescribe by regulation the 
circumstances under which and the extent to which special rates 
under section 5305 (or similar provision of law) or locality-adjusted 
rates under section 5304 (or similar provision of law) are considered 
to be basic pay in applying this subsection."; and 

(B) by adding at the end the following; 
"(g) In the case of an employee who — 

"(1) moves to a new official duty station, and 
"(2) by virtue of such move, becomes subject to a different 
pay schedule, 
any rate adjustment under the preceding provisions of this section, 
with respect to such employee in connection with such move, shall 
be made — 

"(A) first, by determining the rate of pa^ to which such 
employee would be entitled at the new official duty station 
based on such employee's position, grade, emd step (or relative 
position in the rate range) before the move, and 

"(B) then, by applying the provisions of this section that 
would otherwise apply (if any), treating the rate determined 
under subuaragraph (A) as tf it were the rate last received 
by the employee before the rate adjustment."; 

(4) in section 5361 — 

(A) by amending paragraph (4) to read as follows: 
"(4) *rate of basic pa/ means — 

"(A) the rate of basic pay payable to an employee 
under law or regulations before any deductions or additions 
of any kind, but including — 



246 



118 STAT. 2316 PUBLIC LAW 108-411— OCT. 30, 2004 

"(i) any applicable locality-based comparability 

{)ayment under section 5304 or similar provision of 
aw; 

"(ii) any applicable special pay under section 5305 
or similar provision of law; and 

"(iii) subject to such regulations as the Ofiice of 
Personnel Management may prescribe, any applicable 
existing retained rate of pay established under section 
5363 or similar provision of law; and 
"(B) in the case of a prevailing rate employee, the 
schedviled rate of pay determined under section 5343;"; 

(B) in paragraph (6), by striking "and" at the end; 

(C) in paragraph (7), by striking the period and 
inserting "; and"; and 

(D) by adding at the end the following: 

"(8) 'retained rate' means the rate of basic pay to which 
an employee is entitled under section 5363(b)(2)."; 
(5) in section 5363 — 

(A) in subsection (a), by striking the matter following 
paragraph (4) and inserting the following: 

"is entitled to a rate of basic pay in accordance with regulations 
prescribed by the Office of Personnel Management in conformity 
with the provisions of this section."; and 

(B) by striking subsections (b) and (c) and inserting 
the following: 

"(bXlXA) K, as a result of any event described in subsection 
(a), the employee's former rate of basic pay is less than or equal 
to the maximum rate of basic pay payable for the grade of the 
employee's position immediately after the occurrence of the event 
involved, the employee is entitled to basic pay at the lowest rate 
of basic pay payable for such grade that equals or exceeds such 
former rate of oasic pay. 

"(B) This section shall cease to apply to an employee to whom 
subparagraph (A) applies once the appropriate rate of basic pay 
has been determined for such employee under this paragraph. 

"(2XA) If, as a result of any event described in subsection 
(a), the employee's former rate of basic pay is greater than the 
maximum rate of basic pay payable for the grade of the employee's 
position immediately after the occurrence of the event involved, 
the employee is entitled to basic pay at a rate equal to the lesser 
of— 

"(i) the employee's former rate of basic pajr; or 

"(ii) 150 percent of the maximum rate of basic pay payable 

for the grade of the employee's position immediately afl«r the 

occurrence of the event involved, 
as adjusted by subparagraph (B). 

"(B) A rate to which an employee is entitled under this para- 
graph shall be increased at the time of any increase in the maximum 
rate of basic pay pavable for the grade of the employee's position 
by 50 percent of the dollar amount of each such increase. 

"(3) For purposes of this subsection, the term former rate 
of basic pay*, as iised with respect to an employee in connection 
with an event described in subsection (a), means the rate of basic 
pay last received by such employee before the occurrence of such 
event. 

"(cXD Notwithstanding any other provision of this section, in 
the case of an employee who — 



247 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2317 

"(A) moves to a new official duty station, and 

"(B) in coiyunction with such move, becomes subject to 

both a different pay schedule and (disregarding this subsection) 

the preceding provisions of this section, 
this section shall be applied — 

"(i) first, by determining the rate of pay to which such 

employee would be entitled at the new official duty station 

based on such employee's position, grade, and step (or relative 

position in the pay range) before the move, and 

"(ii) then, by applying the provisions of this section that 

would apply (if any), treating the rate determined under clause 

(i) as if it were the rate last received by the employee before 

the application of this section. 

"(2) A reduction in an employee's rate of basic pay resulting 
from a determination under paragraph dXii) is not a basis for 
an entitlement tmder this section. 

"(3) The rate of basic pay for an employee who is receiving 
a ret€dned rate at the time of moving to a new official duty station 
at which different pay schedules apply shall be subject to regula- 
tions prescribed by tiie Office of Personnel Management consistent 
with the purposes of this section. 

"(d) A retained rate shall be considered part of basic pay for 
purposes of this subchapter and for purposes of subchapter III 
of chapter 83, chapters 84 and 87, subchapter V of chapter 55, 
section 5941, and for such other purposes as may be expressly 
proAdded for by law or as the Office of Personnel Management 
may by regulation prescribe. The Office shall, for any purpose Regulations. 
other than any of the purposes referred to in the preceding sentence, 
prescribe by regulation what constitutes basic pay for employees 
receiving a retained rate. 

"(e) This section shall not apply, or shall cease to apply, to 
an employee who — 

"(1) has a break in service of 1 workday or more; 

"(2) is entitled, by operation of this subchapter, chapter 

51 or 53, or any other provision of law, to a rate of basic 

pay which is equal to or higher than, or declines a reasonable 

offer of a position the rate of basic pay for which is equal 

to or higher than, the retained rate to which the employee 

would otherwise be entitled; or 

"(3) is demoted for personal cause or at the employee's 

request."; and 

(6) in section 5365(b), by inserting after "provisions of 

this subchapter" the following: "(subject to any conditions or 

limitations the Office may establish)". 

(b) Special Rates for Law Enforcement Officers.— Section 
403(c) of the Federal Employees Pay Comparability Act of 1990 
(5 U.S.C. 5305 note) is amended by striking all after "provision 
of law)" and inserting "and shall be basic pay for all purposes. 
The rates shall be adjusted at the time of adjustments in the 
General Schedule to maintain the step linkage set forth in sub- 
section (b)(2).". 

(c) Repeal.— Section 4505a(aX2) of title 5, United States Code, 
is amended — 

(1) by striking "(2XA)" and inserting "(2)"; and 

(2) by striking subparagraph (B). 

(d) Effective Date; Conversion Rules.— 5 use 5363 note. 



248 



118 STAT. 2318 PUBLIC LAW 108-411— OCT. 30, 2004 

(1) Effective date. — ^This section shall take effect on the 
first day of the first applicable pay period beginning on or 
afi;er the 180th day after the date of the enactment of this 
Act. 

(2) Conversion rules.— 

(A) Individuals receiving a retained rate or a rate 

GREATER THAN THE MAXIMUM RATE FOR THE GRADE.— Sub- 
ject to any regulations the Office of Personnel Management 
may prescribe, an employee under a covered pay schedule 
who, on the day before the effective date of this section, 
is receiving a retained rate under section 5363 of title 
5, United States Code, or is receiving under similar 
authority a rate of basic pay that is greater than the 
maximum rate of basic pay payable for the grade of the 
employee's position shall have that rate converted as of 
the effective date of this section, and the employee shall 
be considered to be receiving a retained rate under section 
5363 of such title (as amended by this section). The newly 
appUcable retained rate shall equal the formerly applicable 
retained rate as adjusted to include any applicable locality- 
based payment under section 5304 of title 5, United States 
Code, or similar provision of law. 

(B) Definition. — ^For purposes of this paragraph, the 
term "covered pay schedule" has the meaning given such 
term by section 5361 of title 5, United States Code. 

SEC. 302. TECHNICAL CORRECTIONS. 

(a)(1) Section 5304 of title 5, United States Code, as amended 
by section 1125 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136), is amended— 

(A) in subsection (gX2XA), by striking "(A)-(D)" and 
inserting "(A)-(C)"; and 

(B) in subsection (hX2)(B)(i), by striking "or (vii)" and 
inserting "or (vir. 

Effective date. (2) The amendments made by this subsection shall take effect 

5 use 5304 note, as if included in the enactment of the National Defense Authoriza- 
tion Act for Fiscal Year 2004 (PubUc Law 108-136). 



249 



PUBLIC LAW 108-411— OCT. 30, 2004 118 STAT. 2319 

(b) Section 5314 of title 5, United States Code, is amended 
by adding at the end the following: 

Administrator of the Office of Electronic Government.". 

Approved October 30, 2004. 



LEGISLATIVE fflSTORY— S. 129: 

HOUSE REPORTS: No. 108-733 (Comm. on Government Reform). 
SENATE REPORTS: No. 10&-223 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Apr. 8, considered and passed Senate. 

Oct. 6, considered and passed House, amended. 

Oct. 11, Senate concurred in House amendment. 



o 



250 



118 STAT. 2320 



PUBLIC LAW 108-412— OCT. 30, 2004 



Public Law 108-412 
108th Congress 



An Act 



Oct. 30, 2004 

[S. 144] 



Noxious Weed 
Control and 
Eradication Act 
of 2004. 



To require the Secretary of Agriculture to establish a program to provide assistance 
to eligible weed management entities to control or eradicate noxious weeds on 
public and private land. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION. 

The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended 
by adding at the end the following new subtitle: 

**Subtitle E — ^Noxious Weed Control and 
Eradication 



7 use 7701 note. "SEC. 451. SHORT TITLE. 

"This subtitle may be cited as the 'Noxious Weed Control and 
Eradication Act of 2004'. 

7 use 7781. "SEC. 452. DEFINITIONS. 

"In this subtitle: 

"(1) Indian tribe.— The term 'Indian Tribe' has the 
meaning given that term in section 4 of the Indian Self-Deter- 
mination and Education Assistance Act (25 U.S.C. 450b). 

"(2) Weed management ENTrry.— The term Veed manage- 
ment entity* means an entity that — 

"(A) is recognized by the State in which it is estab- 
lished; 

"(B) is established for the purpose of or has demon- 
strable expertise and significant experience in controlling 
or eradicating noxious weeds and increasing public knowl- 
edge and education concerning the need to control or eradi- 
cate noxious weeds; 

"(C) may be multijurisdictional and mtiltidisciplinary 
in nature; 

"(D) may include representatives from Federal, State, 
local, or, where applicable, Indian Tribe governments, pri- 
vate organizations, individuals, and State-recognized con- 
servation districts or State-recognized weed management 
districts; and 

"(E) has existing authority to perform land manage- 
ment activities on Federal land ii the proposed project 
or activity is on Federal lands. 



251 



PUBLIC LAW 108-412— OCT. 30, 2004 118 STAT. 2321 

"(3) Federal lands.— The term 'Federal lands' means 
those lands owned and managed by the United States Forest 
Service or the Bureau of Land Management. 

"SEC. 463. ESTABLISHMENT OF PROGRAM. 7USC7782. 

"(a) In General. — The Secretaiy shall establish a program 
to provide financial and technical assistance to control or eradicate 
noxious weeds. 

"(b) Grants. — Subject to the availability of appropriations 
under section 457(a), the Secretary shall make grants under section 
454 to weed management entities for the control or eradication 
of noxious weeds. 

"(c) Agreements. — Subject to the availability of appropriations 
under section 457(b), thie Secretary shall enter into agreements 
under section 455 with weed management entities to provide finan- 
cial and technical assistance for the control or eradication of noxious 
weeds. 

"SEC. 464. GRANTS TO WEED MANAGEMENT ENTITIES. 7 USC 7783. 

"(a) Consultation and Consent.— In carrying out a grant 
under this subtitle, the weed management entity and the Secretary 
shall— 

"(1) if the activities funded under the grant will take place 
on Federal land, consult with the heads of the Federal agencies 
having jurisdiction over the land; or 

"(2) obtain the written consent of the non-Federal land- 
owner. 

"(b) Grant Considerations.— In determining the amount of 
a grant to a weed management entity, the Secretary shall consider — 

"(1) the severity or potential severity of the noxious weed 
problem; 

"(2) the extent to which the Federal ftmds will be used 
to leverage non-Federal funds to address the noxious weed 
problem; 

"(3) the extent to which the weed management entity has 
made progress in addressing the noxious weeds problem; and 

"(4) other factors that tne Secretaiy determines to be rel- 
evant. 
"(c) Use of Grant Funds; Cost Shares.— 

"(1) Use of grants. — ^A weed management entity that 
receives a grant under subsection (a) shall use the grant funds 
to carry out a project authorized by subsection (d) for the 
control or eradication of a noxious weed. 

"(2) Cost shares.— 

"(A) Federal cost share.— The Federal share of the 

cost of cfirrjdng out an authorized project under this section 

exclusively on non-Federal land shall not exceed 50percent. 
"(B) Form of non-federal cost share.— The non- 
Federal share of the cost of carrying out an authorized 

project under this section may be provided in cash or 

in kind. * 
"(d) Authorized Projects. — ^Projects funded by grants imder 
this section include the following: 

"(1) Education, inventories and mapping, management, 
monitoring, methods development, and other capacity building 
activities, including the payment of the cost of personnel and 
equipment that promote control or eradication of noxious weeds. 



252 



118 STAT. 2322 PUBLIC LAW 108-412— OCT. 30, 2004 

"(2) Other activities to control or eradicate noxious weeds 

or promote control or eradication of noxious weeds. 

Regulations. "(e) APPLICATION. — ^To be eligible to receive assistance under 

this section, a weed management entity shall prepare and submit 

to the Secretary an application containing such information as 

the Secretary shall by regulation require. 

"(0 Selection of Projects,— Projects funded under this sec- 
tion shall be selected by the Secretary on a competitive basis, 
taking into consideration the following: 

"(1) The severity of the noxious weed problem or potential 
problem addressed by the project. 

"(2) The likelihood that the project will prevent or resolve 
the problem, or increase knowledge about resolving similar 
problems. 

"(3) The extent to which the Federal funds will leverage 
non-Federal funds to address the noxious weed problem 
addressed by the project. 

"(4) The extent to which the program will improve the 
overall capacity of the United States to address noxious weed 
control and management. 

"(5) The extent to which the weed meinagement entity 
has made progress in addressing noxious weed problems. 

"(6) Trie extent to which the project will provide a com- 
prehensive approach to \he control or eradication of noxious 
weeds. 

"(7) The extent to which the project will reduce the total 
population of noxious weeds. 

"(8) The extent to which the project promotes cooperation 
and participation between States that have common interests 
in controlling and eradicating noxious weeds. 

"(9) Other factors that the Secretary determines to be rel- 
evant. 

"(g) Regional, State, and Local Involvement.— In deter- 
mining which projects receive funding under this section, the Sec- 
retary shall, to the maximvmi extent practicable — 

"(1) rely on technical and merit reviews provided by 
regional, State, or local weed management experts; and 

"(2) give priority to projects that maximize the involvement 
of State, local and, where applicable, Indian Tribe governments. 
"(h) Speclvl Consideration.— The Secretary shall give special 
consideration to States with approved weed memagement entities 
established by Indian Tribes and may provide an additional alloca- 
tion to a State to meet the particular needs and projects that 
the weed management entity plans to address. 

7 use 7784. "SEC. 455. AGREEMENTS. 

"(a) Consultation and Consent.— In carrying out an agree- 
ment under this section, the Secretary shall — 

"(1) if the activities funded under the agreement will take 
place on Federal land, consult with the heads of the Federal 
agencies having jurisdiction over the land; or 

"(2) obtain the written consent of the non-Federal land- 
owner. 

"(b) Application of Other Laws.— The Secretary may enter 
into agreements under this section with weed management entities 
notwithstanding sections 6301 through 6309 of titie 31, United 



253 



PUBLIC LAW 108-412— OCT. 30, 2004 118 STAT. 2323 

States Code, and other laws relating to the procurement of goods 
and services for the Federal Government. 

"(c) Eligible AcrivmES. — ^Activities carried out imder an 
agreement under this section may include the following: 

"(1) Education, inventories and mapping, management, 

monitoring, methods development, and other capacity building 

activities, including the payment of the cost of personnel and 

equipment that promote control or eradication of noxious weeds. 

"(2) Other activities to control or eradicate noxious weeds. 

"(d) Selection of Activities. — ^Activities funded under this 

section shall be selected by the Secretary taking into consideration 

the following: 

"(1) The severity of the noxious weeds problem or potential 
problem addressed by the activities. 

"(2) The likelihood that the activity will prevent or resolve 
the problem, or increase knowledge about resolving similar 
problems. 

"(3) The extent to which the activity vdll provide a com- 
prehensive approach to the control or eradication of noxious 
weeds. 

"(4) The extent to which the program will improve the 
overall capacity of the United States to address noxious weed 
control and management. 

"(5) The extent to which the project promotes cooperation 
and participation between States that have common interests 
in controlling and eradicating noxious weeds. 

"(6) Other factors that the Secretary determines to be rel- 
evant. 

"(e) Regional, State, and Local Involvement.— In deter- 
mining which activities receive funding under this section, the 
Secretary shall, to the maximvmi extent practicable — 

"(1) rely on technical and merit reviews provided by 
regional. State, or local weed management experts; and 

"(2) give priority to activities that maximize the involve- 
ment of State, local, and, where applicable, representatives 
of Indian Tribe governments. 

"(fl Rapid Response Program.— At the request of the Governor 
of a State, the Secretary may enter into a cooperative agreement 
with a weed management entity in that State to enable rapid 
response to outbres^ of noxious weeds at a stage which rapid 
eradication and control is possible and to ensure eradication or 
immediate control of the noxious weeds if — 

"(1) there is a demonstrated need for the assistance; 
"(2) the noxious weed is considered to be a significant 
threat to native fish, wildlife, or their habitats, as determined 
by the Secretary; 

"(3) the economic impact of delaying action is considered 
by the Secretary to be substantial; and 

"(4) the proposed response to such threat — 
"(A) is technically feasible; 
"(B) economically responsible; and 
"(C) minimizes adverse impacts to the structxire and 
function of an ecosystem and adverse effects on nontarget 
species and ecosystems. 



254 



118 STAT. 2324 PUBLIC LAW 108-412— OCT. 30, 2004 

7 use 7786. "SEC. 458. RELATIONSHIP TO OTHER PROGRAMS. 

"Funds under this Act (other than those made available for 
section 455(f)) are intended to supplement, not replace, assistance 
available to weed management entities, areas, and districts for 
control or eradication of noxious weeds on Federal lands and non- 
Federal lands. The provision of funds to a weed management entity 
under this Act (other than those made available for section 455(0) 
shall have no effect on the amount of any payment received by 
a coimty from the Federal Government under chapter 69 of title 
31, United States Code. 

7 use 7786. -SEC. 467. AUTHORIZATION OF APPROPRIATIONS. 

"(a) Grants. — ^To carry out section 454, there are authorized 
to be appropriated to the Secretarv $7,500,000 for each of fiscal 
years 2005 through 2009, of which not more than 5 percent of 
the funds made available for a fiscal year may be used by the 
Secretary for administrative costs. 

"(b) Agreements. — ^To carry out section 455 of this subtitle, 
there are authorized to be appropriated to the Secretary $7,500,000 
for each of fiscal years 2005 through 2009, of which not more 
than 5 percent of the funds made available for a fiscal year may 
be used by the Secretary for administrative costs of Federal agen- 
cies.". 

SEC. 2. TECHNICAL AMENDMENT. 

The table of sections in section Kb) of the Agricultural Risk 
7 use 1501 note. Protection Act of 2000 is amended by inserting after the item 
relating to section 442 the following: 

"Subtitle E — Noxious Weed Control and Eradication 

"Sec. 451. Short title. 

"Sec. 452. Definitions. 

"Sec. 453. Establishment of program. 

"Sec. 454. Grants to weed management entities. 

"Sec. 455. Agreements. 

"Sec. 456. Relationship to other programs. 

"Sec. 457. Authorization of Appropriations.". 

Approved October 30, 2004. 



LEGISLATIVE HISTORY- ^. 144: 

HOUSE REPORTS: No. 108-617, Pt 1 (Coram, on Resources). 

SENATE REPORTS: No. 108-6 (Comm. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

Vol. 149 (2003): Mar. 4, considered and passed Senate. 

Vol. 150 (2004): Oct. 4, considered and passed House, amended. 
Oct. 10, Senate concurred in House amendment. 



o 



255 



PUBLIC LAW 108-413— OCT. 30, 2004 118 STAT. 2325 



Public Law 108-413 
108th Congress 

An Act 

To authorize the Secretary of the Interior, in cooperation with the University o t in 9004 
of New Mexico, to construct and occupy a portion of the Hibben Center for ' 



Archaeological Research at the University of New Mexico, and for other pwposes. [S. 643] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, ffibben Center 

Act. 
SECTION 1, SHORT TITLE. 16 USC 410ii 

This Act may be cited as the "ffibben Center Act". "°**' 

SEC. 2. LEASE AGREEMENT. 

(a) Authorization. — ^The Secretary of the Interior may enter 
into an agreement with the University of New Mexico to lease 
space in the ffibben Center for Archaeological Research at the 
University of New Mexico for research on, and curation of, the 
archaeological research collections of the National Park Semce 
relating to the Chaco Culture National Historical Park and Aztec 
Ruins National Monument. 

(b) Term; Rent. — ^The lease shall provide for a term not 
exceeding 40 years and a nominal annual lease payment. 

(c) Improvements. — ^The lease shall permit the Secretary to 
make improvements and install furnishings and fixtures related 
to the use and curation of the collections. 

SEC. 3. GRANT. 

Upon execution of the lease, the Secretary may contribute 
to the University of New Mexico: 

(1) up to 37 percent of the cost of construction of the 
ffibben Center, not to exceed $1,750,000; and 

(2) the cost of improvements, not to exceed $2,488,000. 

SEC. 4. cooperative AGREEMENT. 16USC410ii 

The Secretary may enter into cooperative agreements with 
the University of New Mexico, Federal agencies, and Indian tribes 
for the curation of and conduct of research on artifacts, and to 
encourage collaborative management of the Chacoan archaeological 
artifacts associated with northwestern New Mexico. 



256 



118 STAT. 2326 PUBLIC LAW 108-413— OCT. 30, 2004 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary such 
sums as may be necessary for the purposes of this Act. 

Approved October 30, 2004. 



LEGISLATIVE HISTORY— S. 643 (H.B. 3258): 

HOUSE REPORTS: No. 108-743 accompanying H.R. 3268 (Comm. on Resources). 
SENATE REPORTS: No. 108-94 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 

Vol. 149 (2003): July 17, considered and passed Senate. 

Vol. 150 (2004): Sept. 28, considered and passed House, amended. 
Oct. 10, Senate concurrea in House amendment. 

o 



257 



PUBLIC LAW 108-417— NOV. 30, 2004 118 STAT. 2339 



Public Law 108-417 
108th Congress 

An Act 

To authorize an exchange of land at Fort Frederica National Monument, and for Nov. 30, 2004 

other purposes. [H.R. 1113] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 

SECTION 1. EXCHANGE OF LANDS. 16 USC 433g 

(a) In General. — ^Notwithstanding section 5(b) of Public Law 
90-401 (16 U.S.C. 4601-22(b)), the Secretary of the Interior is 
authorized to convey to Christ (Church of St. Simons Island, Georgia, 
the approximately 6.0 acres of land within the boundary of Fort 
Frederica National Monument adjacent to Christ Church and 
depicted as "NPS Lands for Exchange" on the map entitled "Fort 
Frederica National Monument 2003 Boundary Revision" numbered 
369/80016, and dated April 2003, in exchange for approximately 
8.7 acres of land to be acquired by Christ Church, which is depicted 
as 'Trivate Lemds for Addition" on the same map. 

(b) Map Availability. — ^The map referred to in subsection (a) 
shall be on file and available for public inspection in the appropriate 
offices of the National Park Service. 

SEC. 2. BOUNDARY ADJUSTMENT. 16 USC 433g 

Upon completion of the land exchange under subsection (a) 
of section 1, the Secretary of the Interior shall revise the boxmdary 
of Fort Frederica National Monvunent to reflect the exchange and 
shall administer the land acquired through the exchange as part 
of that monument. 

Approved November 30, 2004. 



LEGISLATIVE HISTORY— H.R. 1113: 

HOUSE REPORTS: No. 108-201 (Comm. on Resources). 

SENATE REPORTS: No. 108-374 (Conun. on Energy and Natural Resources). 

CONGRESSIONAL RECORD: 

VoL 149 (2003): Sept. 23, considered and passed House. 

Vol. 150 (2004): Oct. 10, considered and passed Senate, amended. 
Nov. 17, House concurred in Senate amendment. 



o 



258 



118 STAT. 2372 PUBLIC LAW 108-420— NOV. 30, 2004 



Public Law 108^20 
108th Congress 

An Act 

Nov 30 2004 '^° support the efforts of the California Missioiui Foundation to restore and repair 
' the Spanish colonial and mission-era missions in the State of California and 



[H.R. 1446] to preserve the artworks and artifacts of these missions, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
California the United States of America in Congress assembled. 

Missions 
Preservation Act. SECTION 1. SHORT TITLE. 

This Act may be cited as the "California Missions Preservation 
Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) California mission.— The term "California mission" 
means each of the 21 historic Spanish missions and one 
asistencia that — 

(A) are located in the State; 

(B) were built between 1769 and 1798; and 

(C) are designated as California Registered Historic 
Landmarks. 

(2) Foundation.— The term "Foundation" means the Cali- 
fornia Missions Foundation, a nonsectarian charitable corpora- 
tion that — 

(A) was established in the State in 1998 to fund the 
restoration and repair of the California missions; and 

(B) is operated exclusively for charitable pxurposes 
under section 501(c)(3) of the Internal Revenue Code of 
1986. 

(3) Secretary.— Tlie term "Secretary" means the Secretary 
of the Interior. 

(4) State.— The term "State" means the State of California. 

SEC. 3. COOPERATIVE AGREEMENTS. 

(a) In General, — ^The Secretary may enter into a cooperative 
agreement with the Foundation to provide technical and financial 
assistance to the Foundation to restore and repair — 

(1) the CaUfomia missions; and 

(2) the artwork and artifacts associated with the California 
missions. 

(b) Financial Assistance.— 

(1) In general. — The cooperative agreement may authorize 
the Secretary to make grants to the Foundation to carry out 
the purposes described in subsection (a). 



259 



PUBLIC LAW 108-420— NOV. 30, 2004 118 STAT. 2373 

(2) Eligibility. — ^To be eligible to receive a grant or other 
form of financial assistance under this Act, a California mission 
must be listed on the National Register of Historic Places. 

(3) Application. — To receive a grant or other form of finan- 
cial assistance under this Act, the Foundation shall submit 
to the Secretary an application tiiat — 

(A) includes a status report on the condition of the Reports. 
infrastructure and associated artifacts of each of the CaU- 
fomia missions for which the Foundation is seeking finan- 
cial assistance; and 

(B) describes a comprehensive program for the restora- 
tion, repair, and preservation of the infrastructure and 
artifacts referred to in subparagraph (A), including — 

(i) a description of tiie prioritized preservation 
activities to be conducted over a 5-year period; and 

(ii) an estimate of the costs of the preservation 
activities. 

(4) Appucable law. — Consistent with section 101(e)(4) of 
the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), 
the Secretary shall ensure that the purpose of any grant or 
other financial assistance provided by the Secretary to the 
Foundation under this Act — 

(A) is secular; 

(B) does not promote religion; and 

(C) seeks to protect qualities that are historically 
significant. 

(c) Review and Determination.— Contracts. 

(1) In general. — ^The Secretary shall submit a proposed 
agreement to the Attorney General for review. 

(2) Determination. — A cooperative agreement entered into 
under subsection (a) shall not take effect until the Attorney 
General issues a finding that the proposed agreement submitted 
vmder paragraph (1) does not violate the establishment clause 
of the first amendment of the Constitution. 

(d) Report. — ^As a condition of receiving financial assistance 
under this Act, the Foundation shall annually submit to the Sec- 
retary and to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Resources of the House of 
Representatives a report that describes the status of the preserva- 
tion activities carried out using amounts made available under 
this Act. 

SEC. 4, AUTHORIZATION OF APPROPRIATIONS. 

(a) In General. — ^There is authorized to be appropriated to 
carry out this Act $10,000,000 for the period of fiscal years 2004 
through 2009. 

(b) Matching Requirement. — Any amoimts made available 
to carry out this Act shall be matched on not less than a 1- 
to-1 basis by the Foundation. 

(c) Other Amounts. — ^Any amounts made available to carry 
out this Act shall be in addition to any amounts made available 



260 



118 STAT. 2374 PUBLIC LAW 108-420— NOV. 30, 2004 

for preservation activities in the State under the National Historic 
Preservation Act (16 U.S.C. 470 et seq.). 

Approved November 30, 2004. 



LEGISLATIVE HlgfORY— H.R. 1446: 

SENATE REPORTS: No. 108-375 (Ck)iran. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 

Vol. 149 (2003): Oct. 20, considered and passed House. 

Vol. 160 (2004): Oct. 10, considered and passed Senate, amended. 
Nov. 17, House concurred in Senate amendment. 



o 



261 



PUBLIC LAW 108-421— NOV. 30, 2004 118 STAT. 2375 



Public Law 108-421 
108th Congress 

An Act 

To assist the States of Connecticut, New Jersey, New York, and Pennsylvania „ 
in conserving priority lands and natural resources in the Highlands region, and Mov- aO, ^004 
for other purposes. [H.R. 1964] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Highlands 

Conservation 
SECTION 1. SHORT TITLE. Act. 

This Act may be cited as the "Highlands Conservation Act". 
SEC. 2. PURPOSES. 

The purposes of this Act are — 

(1) to recognize the importance of the water, forest, agricul- 
tural, wildlife, recreational, and cultural resources of the High- 
lands region, and the national significance of the Highlands 
region to the United States; 

(2) to authorize the Secretary of the Interior to work in 
partnership with the Secretary of Agriculture to provide finan- 
cial assistance to the Highlands States to preserve and protect 
high priority conservation land in the Highlands region; and 

(3) to continue the ongoing Forest Service programs in 
the Highlands region to assist the Highlands States, local units 
of government, and private forest and farm landowners in 
the conservation of land and natural resoiu-ces in the Highlands 
region. 

SEC. 8. DEFINITIONS. 

In this Act: 

(1) Highlands region.— The term "Highlands region" 
means the area depicted on the map entitled "The Highlands 
Region", dated June 2004, including the list of municipalities 
included in the Highlands region, and maintained in the head- 
quarters of the Forest Service in Washington, District of 
Columbia. 

(2) Highlands state.— The term "Highlands State" 
means — 

(A) the State of Connecticut; 

(B) the State of New Jersey; 

(C) the State of New York; and 

(D) the State of Pennsylvania. 

(3) Land conservation partnership project.— The term 
"land conservation partnership project" means a land conserva- 
tion project — 

(A) located in the Highlands region; 



262 



118 STAT. 2376 PUBLIC LAW 108-421— NOV. 30, 2004 

(B) identified by the Forest Service in the Study, the 
Update, or any subsequent Pennsylvania and Connecticut 
Update as having high conservation value; and 

(C) in which a non-Federal entity acquires land or 
an interest in land from a willing seller to permanently 
protect, conserve, or preserve the land through a partner- 
ship with the Federal Government. 

(4) Non-federal entity. — The term "non-Federal entity" 
means — 

(A) any Highlands State; or 

(B) any agency or department of any Highlands State 
with authority to own and manage land for conservation 
pvirposes, including the Palisades Interstate Park Commis- 
sion. 

(5) Study.— The term "Study" means the New York-New 
Jersey Highlands Regional Study conducted by the Forest 
Service in 1990. 

(6) Update.— The term "Update" means the New York- 
New Jersey Highlands Regional Study: 2002 Update conducted 
by the Forest Service. 

(7) Pennsylvania and Connecticut update.— The term 
"Pennsylvania and Connecticut Update" means a report to be 
completed by the Forest Service that identifies areas having 
high conservation values in the States of Connecticut and 
Pennsylvania in a manner similar to that utilized in the Study 
and Update. 

SEC. 4. LAND CONSERVATION PARTNERSHIP PROJECTS IN THE HIGH- 
LANDS REGION. 

(a) Submission of Proposed Projects.- Each year, the gov- 
ernors of the Highlands States, with input from pertinent units 
of local government and the public, may — 

(1) jointly identify land conservation partnership projects 
in the Highlands region fi-om land identified as having high 
conservation values in the Study, the Update, or the Pennsyl- 
vania and Connecticut Update that shall be proposed for Fed- 
eral financial assistance; and 

(2) submit a list of those projects to the Secretary of the 
Interior. 

Reports. (b) Consideration of Projects.— Each year, the Secretary 

of the Interior, in consultation with the Secretary of Agriculture, 
shall submit to Congress a list of the land conservation partnership 

Projects submitted under subsection (aX2) that are eligible to receive 
nancial assistance under this section. 
Contracts. (c) ELIGIBILITY CONDITIONS.— To be eligible for financial assist- 

ance under this section for a land conservation partnership project, 
a non-Federal entity shall enter into an agreement with tne Sec- 
retary of the Interior that— 

(1) identifies the non-Federal entity that shall oAvn or hold 
and manage the land or interest in land; 

(2) identifies the source of funds to provide the non-Federal 
share iinder subsection (d); 

(3) describes the management objectives for the land that 
will ensure permanent protection and use of the land for the 
purpose for which the assistance will be provided; 

(4) provides that, if the non-Federal entity converts, uses, 
or disposes of the land conservation partnership project for 



263 



PUBLIC LAW 108-421— NOV. 30, 2004 118 STAT. 2377 

a purpose inconsistent with the purpose for which the assist- 
ance was provided, as determined by the Secretary of the 
Interior, the United States — 

(A) may seek specific performance of the conditions 
of financial assistimce in accordance with paragraph (3) 
in Federal court; and 

(B) shall be entitled to reimbursement from the non- 
Federal entity in an amount that is, as determined at 
the time of conversion, use, or disposal, the greater of— 

(i) the total amount of the financial assistance 
provided for the project by the Federal Government 
under this section; or 

(ii) the amoimt by which the financial assistance 
increased the value of the land or interest in land; 
and 
(5) provides that land conservation partnership projects 
will be consistent with areas identified as having high conserva- 
tion value in — 

(A) the Important Areas portion of the Study; 

(B) the Conservation Focal Areas portion of the Update; 

(C) the Conservation Priorities portion of the Update; 

(D) land identified as having higher or highest resource 
value in the Conservation Values Assessment portion of 
the Update; and 

(E) land identified as having high conservation value 
in the Pennsylvania and Connecticut Update. 

(d) Non-Federal Share Requirement.— The Federal share 
of the cost of canying out a land conservation partnership project 
under this section shall not exceed 50 percent of the tuial cost 
of the land conservation partnership project. 

(e) AtrraoRiZATiON of Appropriations.— There is authorized 
to be appropriated to the Secretary of the Interior $10,000,000 
for each of fiscal years 2005 through 2014, to remain available 
until expended. 

SEC. 5. FOREST SERVICE AND USDA PROGRAMS IN THE HIGHLANDS 
REGION. 

(a) In General. — ^To meet the land resource goals of, and 
the scientific and conservation challenges identified in, the Study, 
Update, and any future study that the Forest Service may under- 
take in the Highlands region, the Secretary of Agriculture, acting 
through the Chief of the Forest Service and in consultation with 
the Chief of the National Resources Conservation Service, shall 
continue to assist the Highlands States, local vmits of government, 
and private forest and farm landowners in the conservation of 
land and natural resources in the Highlands region. 

(b) Duties.— The Forest Service shall— 

(1) in consultation with the Highlands States, undertake 
other studies and research in the Highlands region consistent 
with the purposes of this Act, including a Pennsylvania and 
Connecticut Update; 

(2) commimicate the findings of the Study and Update 
and maintain a pubUc dialogue regarding implementation of 
the Study and Update; and 

(3) assist the Highland States, local units of government, 
individual landowners, and private organizations in identifying 



264 



118 STAT. 2378 PUBLIC LAW 108-421— NOV. 30, 2004 

and using Forest Service and other technical and financial 

assistance programs of the Department of Agriculture. 

(c) Authorization of Appropriations.— There is authorized 

to be appropriated to the Secretary of Agriculture to carry out 

this section $1,000,000 for each of fiscal years 2005 through 2014. 

SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY 
EFFECT. 

(a) Access to Private Property,— Nothing in this Act— 

(1) reouires a private property owner to permit public 
access (including Federal, State, or local government access) 
to private property; or 

(2) modifies any provision of Federal, State, or local law 
with regard to public access to, or use of, private land. 

(b) Liability. — ^Nothing in this Act creates any liability, or 
has any eflFect on Uabihty under any other law, of a private property 
owner with respect to any persons injvu*ed on the private property. 

(c) Recognition of Authority To Control Land use.— 
Nothing in this Act modifies any authority of Federal, State, or 
local governments to regulate land use. 

(d) Participation of Private Property Owners.— Nothing 
in this Act requires the owner of any private property located 
in the Highlanas region to participate in the land conservation, 
financial, or technical assistance or any other programs established 
under this Act. 

(e) Purchase of Land or Interests in Land From Willing 
Sellers Only. — Funds appropriated to carry out this Act shall 
be used to pm"ch£ise land or interests in land only fi-om willing 
sellers: 

Approved November 30, 2004. 



legislative history— HR. 1964: 

HOUSE REPORTS: No. 108-373, Ft 1 (Comm. on Resources). 

senate REPORTS: No. 108-376 (Coram, on Energy and Natural Resources). 

congressional RECORD: 

Vol. 149 (2003): Nov. 21, considered and passed House. 

Vol 160 (2004): Oct. 10, considered and passed Senate, amended. 
Nov. 17, House concurred in Senate amendment. 



o 



265 



118 STAT. 2606 PUBLIC LAW 108-430— DEC. 3, 2004 



Public Law 108-430 
108th Congress 

An Act 

Dec. 3, 2004 To revise the boundary of the Petrified Forest National Park in the State of 

[H.R. 1630] Arizona, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 
Petrified Forest the United States of America in Congress assembled, 

K^onArtof SECTION 1. SHORT TITLE. 

iRH.isr 11 Q f '^^^ ^* ^*y ^^ cited £is the 'Tetrified Forest National Park 

Expansion Act of 2004". 



16 use 119 note. 



16 use 119 note. SEC. 2. DEFINITIONS. 

In this Act: 

(1) Map. — ^The term "map" means the map entitled "Pro- 
posed Boundary Adjustments, Petrified Forest National Park", 
numbered 110/80,044, and dated July 2004. 

(2) Park.— The term "Park" means the Petrified Forest 
National Park in the State. 

(3) Secretary.— The term "Secretary" means the Secretary 
of the Interior. 

(4) State. — ^The term "State" means the State of Arizona. 

16 use 119 note. SEC. 3. BOUNDARY lUJVISION. 

(a) In General. — The Secretary is authorized to revise the 
boundary of the Park to include approximately 125,000 acres as 
depicted on the map. 

(b) Availability of Map.— The map shall be on file and avail- 
able for pubhc inspection in the appropriate offices of the National 
Park Service. 

16 use 1 19 note. SEC. 4. ACQUISITION OF ADDITIONAL LAND. 

(a) Private Land. — The Secretary may acqviire from a willing 
seller, by donation, purchase with donated or appropriated funds, 
or exchange, any private land or interests in private land within 
the revised boundary of the Park. In acquiring private land and 
interests in private land within the revised boundary of the Park, 
the Secretary shall undertake to acquire such private land and 
interests in private land first by donation or exchange. 

(b) State Land.— 

(1) In general. — ^The Secretanr mav, with the consent 
of the State and in accordance with Feoeral and State law, 
acqviire fi'om the State any State land or interests in State 
land within the revised boimdary of the Park. 
Deadline. (2) PLAN. — ^Not later than 3 years after the date of the 

enactment of this Act, the Secretary shall, in coordination with 
the State, develop a plan for acquisition for State land or 
interests in State land under paragraph (1). 



266 



Srt 



PUBLIC LAW 108-430— DEC. 3, 2004 118 STAT. 2607 

(3) Management agreement. — If the Secretary is unable 
to acquire the State land under paragraph (1) within the 3- 
year period required by paragraph (2), the Secretary may enter 
into an agreement that would allow the National Park Service 
to manage State land within the revised boundary of the Park. 

SEC. 5. ADMINISTRATION. 16 USC 119 note. 

(a) In General. — Subject to applicable laws, all land and 
interests in land acquired under this Act shall be administered 
by the Secretary as part of the Park. 

(b) Transfer of Jurisdiction.— The Secretary shall transfer 
to the National Park Service administrative jurisdiction over any 
land under the jurisdiction of the Secretary that — 

(1) is depicted on the map as being within the boundaries 
ofthe Park; and 

(2) is not under the administrative jurisdiction of the 
National Park Service on the date of enactment of this Act. 

(c) Exchange After Enactment.— Upon completion of an 
exchange of land after the date of the enactment of this Act, 
the Secretary shall transfer administrative jurisdiction over the 
exchanged lands within the boundary of the Park as depicted on 
the map to the National Park Service. 

(d) Grazing.— 

(1) In general.— The Secretary shall permit the continu- 
ation of grazing on land transferred to the Secretary under 
this Act, subject to applicable laws, regulations, and Executive 
orders. 

(2) Termination of leases or PERMrre.— Nothing in this 
subsection prohibits the Secretary from accepting the volimtary 
termination of a grazing permit or grazing lease within the 
Park. 

(e) Amendment to General Management Plan.— Not later Deadime. 
than 3 years after the date of the enactment of this Act, the 
Secretary shall amend the general management plan for the Park 

to address the use and management of any additional land acquired 
under this Act. 



267 



118 STAT. 2608 PUBLIC LAW 108-430— DEC. 3, 2004 

16 use 119 note. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved December 3, 2004. 



LEGISLATIVE fflSTORY— H.R. 1630: 

HOUSE REPORTS: No. 108-713 (Cormn. on Resovuxea). 
CONGRESSIONAL RECORD. Vol. 150 (2004): 

Oct. 4, considered and passed House. 

Oct. 10, considered and passed Senate, amended. 

Nov. 19, House concurred in Senate amendment. 



o 



268 



PUBLIC LAW 108-438— DEC. 3, 2004 118 STAT. 2625 



Public Law 108-438 
108th Congress 

An Act 

To establish the Kate Mullany National Historic Site in the State of New York, Dec. 3, 2004 

and for other purposes. [S. 1241] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Kate Mullany 

National Historic 
SECTION 1. SHORT TITLE. Site Act. 

This Act may be cited as the "Kate Mullany National Historic 
Site Act". 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) Center. — ^The term "Center" means the American Labor 
Studies Center. 

(2) Historic site.— The term "historic site" means the 
Kate Mullany National Historic Site established by section 
3(a). 

(3) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

SEC. 3. KATE MULLANY NATIONAL HISTORIC SITE. 

(a) Estabushment.— 

(1) In GENERAL. — ^There is established as an affiliated area 
of the National Park System the Kate Mullany National His- 
toric Site in the State of New York. 

(2) Components.— The historic site shall consist of the 
home of Kate Mullany, located at 350 Eighth Street in Troy, 
New York. 

(b) Administration.— 

(1) In General. — ^The Center shall own, administer, and 
operate the historic site. 

(2) Applicability of national park system laws.— The 
historic site shall be administered in accordance with — 

(A) this Act; and 

(B) the laws generally applicable to units of the 
National Park System, including — 

(i) the Act of August 25, 1916 (commonly known 
as the "National Park Service Organic Act") (16 U.S.C. 
1 et seq.); and 

(ii) the Act of August 21, 1935 (16 U.S.C. 461 
et seq.). 

(c) Cooperative Agreements.— (1) The Secretary may enter 
into cooperative agreements with the Center imder which the Sec- 
retary may provide to the Center technical, planning, interpretive, 
construction, and preservation assistance for — 



269 



118 STAT. 2626 PUBLIC LAW lOa-438— DEC. 3. 2004 

(A) the preservation of the historic site; and 

(B) educational, interpretive, and research activities 
relating to the historic site and any related sites. 

(2) The Secretary may provide to the Center financial assistance 
in an amount equal to not more than $500,000 to assist the Center 
in acquiring from a willing seller the structure adjacent to the 
historic site, located at 352 Eighth Street in Troy, New York. 
On acquisition of the structure, the Secretary shall revise the 
boimdary of the historic site to reflect the acauisition. The non- 
Federal share of the total cost of acquiring the structure shall 
be at least 50 percent. 

(d) General Management Plan.— 
Deadline. (1) IN GENERAL. — ^Not later than 3 full fiscal years after 

the date on which funds are made available to carry out this 
Act, the Secretary, in cooperation with the Center, shall develop 
a general management plan for the historic site. 

(2) Contents. — ^The general management plan shall define 
the role and responsibihties of the Secretary with respect to 
the interpretation and preservation of the historic site. 

(3) Applicable law. — ^The general management plan shall 
be prepared in accordance with section 12(b) of tne Act of 
August 18, 1970 (16 U.S.C. la-7(b)). 

SEC. 4. AUTHORIZATION OF APPROPBIATIONS. 

There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 

Approved December 3, 2004. 



LEGISLATIVE HISTORY- S. 1241: 

SENATE REPORTS: No. 108-295 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Sept. 15, considered and passed Senate. 

Nov. 17, considered and passed House. 



o 



270 



PUBLIC LAW 108-^7— DEC. 8, 2004 118 STAT. 2809 



Public Law 108-447 
108th Congress 

An Act 

Making appropriations for foreign operationa, export financing, and related programs Dec. B, 2004 
for the Gscal year ending September 30, 2005, and for other pmposes. [H.R. 4818] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Consolidated 

_ __ Appropriations 

SECTION 1. SHORT TITLE. Act, 2005 

This Act may be cited as the "Consolidated Appropriations 
Act, 2005". 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A— AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

Title I — ^Agricultural Programs 

Title n — Conservation Programs 

Title III — Rural Development Programs 

Title IV — Domestic Food Programs 

Title V — ^Foreign Assistance and Related Programs 

Title VI — Related ^encies and Food and Drug Administration 

Title VII — General Provisions 

DIVISION B— DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

Title I — ^Department of Justice 

Title II — ^Department of Commerce and Related Agencies 

Title III— The Judiciary 

Title IV — ^Department of State and Related Agency 

Title V — Related Agencies 

Titie VI — General Provisions 

Title VII— Rescissions 

Title Vin— Patent and Trademark Fees 

Title DC — Oceans and Human Health Act 

DIVISION C— ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 

2005 

Title I — ^Department of Defense — Civil 

Titiie n — ^Department of the Interior 

Titie ni — ^Department of Energy 

Titie IV — ^Independent Agencies 

Titie V — General Provisions 

Titie VI— Reform of the Board of Directors of the Tennessee Valley Authority 

DIVISION D— FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 

PROGRAMS APPROPRL^TIONS ACT, 2005 
Titie I — ^Export and Investment Assistance 



271 



118 STAT. 2810 PUBLIC LAW 108-447— DEC. 8, 2004 

Title II — Bilateral Economic Assistance 
Title III — Military Assistance 
Title rv — ^Multilateral Economic Assistance 
Title V — General Provisions 

DIVISION E— DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2005 

Title I — ^Department of the Interior 

Title II — Related Agencies 

Title ni — General Provisions 

Title IV — ^Urgent Wildland Fire Suppression Activities 

Title V — General Reduction 

DIVISION F— DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005 

Title I — ^Department of Labor 

Title II — ^Department of Health and Human Services 

Title lU — Department of Education 

Title IV — ^Related Agencies 

Title V — General Provisions 

DIVISION G— LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005 

Title I — Legislative Branch Appropriations 
Title II — General Provisions 

DIVISION H— TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, 
AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005 

Title I — ^Department of Transportation 
Title n — Department of the TVeasury 

Title III — Executive Office of the Resident and Funds Appropriated to the Presi- 
dent 
Title IV — ^Independent Agencies 
Title V — General Provisions 
Title VI— General Provisions 

DIVISION I— DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND 
URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIA- 
TIONS ACT, 2005 

Title I — ^Department of Veterans AiTairs 

Title II — Department of Housing and Urban Development 

Title III — Independent A^ncies 

Title IV — Generfd Provisions 

DIVISION J-OTHER MATTERS 

Title I — ^Miscellaneous Provisions and Of&ets 

Title II — 225th Anniversary of the American Revolution Commemoration Act 

Title III — Rural Air Service Improvement Act of 2004 

Title IV— L-1 Visa and H-IB Visa Reform Act 

Title V — ^National Aviation Heritage Area Act 

Title VI — Oil Region National Heritage Area Act 

Title VII — Mississippi Gulf Coast National Heritage Area Act 

Title VIII — ^Federal Lands Recreation Enhancement Act 

Title DC — Satellite Home Viewer Extension and Reauthorization Act of 2004 

Title X— Snake River Water Rights Act of 2004 

DIVISION K— SMALL BUSINESS 

lUSClnote. SEC. 3. REFERENCES. 

Except as ejcpressly provided otherwise, any reference to "this 
Act" contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 
money in the Treasvuy not otherwise appropriated, for the fiscal 
year ending September 30, 2005. 



272 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3039 



(3)(A) is presently maintaining a residence in the United 
States or whose surviving spouse is presently maintaining such 
a residence; or 

(B) was approved for refugee resettlement or immigrant 
visa processing and is awaiting departure formalities from 
Vietnam or whose surviving spouse is awaiting such departure 
formalities. 

JOINT EXPLANATORY STATEMENT 

Sec. 595. (a) Fxmds provided in this Act for the following 

accounts shall be made available for programs and coimtries in 

the amounts contained in the respective tables included in the 

joint explanatory statement of managers accompanying this Act: 

"Economic Support Fund". 

"Assistance for Eastern Europe and the Baltic States". 
"Assistance for the Independent States of the Former Soviet 
Union". 

"Andean Counterdrug Initiative". 

"Nonproliferation, Aati-Terrorism, Demining and Related 
Programs . 

"Foreign MiHtary Financing Program". 
"International Organizations and Programs", 
(b) Any proposed increases or decreases to the amounts con- 
tained in such tables in the joint explanatory statement of managers 
shgdl be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961. 

This division may be cited as the "Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005". 

DIVISION E— DEPARTMENT OF THE INTERIOR AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I— DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

management of lands and resources 

For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi- 
tion of easements and other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 
3150(a)), $848,939,000, to remain available until expended, of which 
$1,000,000 is for high priority projects, to be carried out by the 
Youth Conservation Corps; $4,000,000 is for assessment of the 
mineral potential of public lands in Alaska pursuant to section 
1010 of PubUc Law 96-487; (16 U.S.C. 3150); and of which not 
to exceed $1,000,000 shall be derived from the special receipt 
account established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l-6a(i)); and of which $3,500,000 
shall be available in fiscal year 2005 subject to a match by at 
least an equal amount by the National Fish and Wildlife Foimdation 



Department of 
the Interior and 
Related Agencies 
Appropriations 
Act, 2005. 



273 



118 STAT. 3048 PUBLIC LAW 108-447— DEC. 8, 2004 

unit of the National Wildlife Refuge System unless the purchase 
is approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures 
contained in House Report 108-330. 

National Park Service 

operation of the national park system 

For expenses necessau-y for the management, operation, and 
maintenance of areas and faciHties administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra- 
tion of the National Park Service, $1,707,282,000, of which 
$10,708,000 is for planning and interagency coordination in support 
of Everglades restoration and shall remain available until expended; 
of which $96,440,000 is for maintenance, repair or rehabilitation 
projects for constructed assets, operation of the National Park 
Service automated facility management software system, and com- 
prehensive facility condition assessments; and of which $2,000,000 
is for the Youth Conservation Corps for high priority projects: 
Provided, That the only funds in this account which may be made 
available to support United States Psirk Police are those funds 
approved for emergency law and order incidents pursuant to estab- 
lished National Park Service procedures, those funds needed to 
maintain and repair United States Park Police administrative facili- 
ties, and those funds necessary to reimburse the United States 
Park PoUce account for the unbudgeted overtime and travel costs 
associated with special events for an amoimt not to exceed $10,000 
per event subject to the review and concurrence of the Washingfton 
headquarters office. 

UNITED STATES PARK POLICE 

For expenses necessary to carry out the programs of the United 
States Park Police, $81,204,000. 

NATIONAL RECREATION AND PRESERVATION 

For expenses necessary to carry out recreation programs, nat- 
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, intemationfd park affairs, 
statutory or contractual aid for other activities, and grant adminis- 
tration, not otherwise provided for, $61,832,000: Provided, That 
$700,000 from the Statutory and Contractual Aid Account shall 
be provided to the City of Tacoma, Washington for the purpose 
of conducting a feasibUity study for the Train to the Mountain 
project: Provided further, That none of the funds in this Act for 
the River, Trails and Conservation Assistance program may be 
used for cash agreements, or for cooperative agreements that are 
inconsistent with the program's final strategic plan: Provided fur- 
ther. That notwithstanding section 8(b) of PubHc Law 102-543 
(16 U.S.C. 410yy-8(b)), amounts made available under this heading 
to the Keweenaw National Historical Park shall be matched on 
not less than a 1-to-l basis by non-Federal funds. 



274 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3049 

fflSTORIC PRESERVATION FUND 

For expenses necessary in carrying out the Historic Preserva- 
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 
104-333), $72,750,000, to be derived from the ffistoric Preservation 
Fund, to remain available until September 30, 2006, of which 
$30,000,000 shall be for Save America's Treasures for preservation 
of nationally significant sites, structures, and artifacts: Provided, 
TTiat any individual Save America's Treasures grant shall be 
matched by non-Federal funds: Provided further, That individual 
projects shall only be eligible for one grant: Provided further, That 
all projects to be funded shall be approved by the Secretary of 
the Interior in consultation with the House and Senate Committees 
on Appropriations and the President's Committee on the Arts and 
Humanities prior to the commitment of Save America's Treasures 
grant funds: Provided further. That Save America's Treasures funds 
allocated for Federal projects, following approval, shall be available 
by transfer to appropriate accounts of individuEil agencies: Provided 
further, l^at hereinafter and notwithstanding 20 U.S.C. 951 et 
sea. the National Endowment for the Arts may award Save Amer- 
ica s Treasures grants based upon the recommendations of the 
Save America's Treasiu'es grant selection panel convened by the 
President's Committee on tne Arts and the Humanities and the 
National Park Service. 

CONSTRUCTION 

For construction, improvements, repair or replacement of phys- 
ical facilities, including the modifications authorized hy section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989, $307,362,000, to remain available until e:n)ended, 
of which $500,000 for the L.Q.C. Lamar House National Historic 
Landmark shall be derived from the Historic Preservation Fund 
pursuant to 16 U.S.C. 470a: Provided, That none of the funds 
available to the National Park Service may be used to plan, design, 
or constnict any partnership project with a total value in excess 
of $5,000,000, witnout advance approval of the House and Senate 
Committees on Appropriations: Provided further. That, notwith- 
standing any other provision of law, the National Park Service 
may not accept donations or services associated with the planning, 
design, pr construction of such new facilities without advance 
approval of the House and Senate Committees on Appropriations: 
Provided further. That these restrictions do not apply to tne Flight 
93 Memorial: Provided further. That funds provided under this 
heading for implementation of modified water deliveries to Ever- 
glades National Park shall be expended consistent with the require- 
ments of the fifth proviso under this heading in Public Law 108- 
108: Provided further, That none of the funds provided in this 
or any other Act may be used for planning, design, or construction 
of any undergroimd security screening or visitor contact facility 
at the Washington Monument until sucn facility has been approved 
in writing by the House and Senate Committees on Appropriations: 
Provided further. That the National Park Service may use funds 
provided herein to construct a parking lot and connecting trail 
on leased, non-Federal land in order to accommodate visitor use 
of the Old 'Ra% Mountain Trail at Shenandoah National Park, 
and may for the duration of such lease use any funds available 



275 



118 STAT. 3050 



PUBLIC LAW 108-^47— DEC. 8, 2004 



to the Service for the maintenance of the parking lot and connecting 
trail. 



16 use 460i-10a 
note. 



land and water conservation fund 

(rescission) 

The contract authority provided for fiscal year 2005 by 16 
U.S.C. 4601-lOa are rescinded. 



LAND ACQUISITION AND STATE ASSISTANCE 
(INCLUDING transfer OF FUNDS) 

For expenses necessary to carry out the Land and Water Con- 
servation Act of 1965, as amended (16 U.S.C. 4601-4 through 11), 
including administrative expenses, and for acqxiisition of lands or 
waters, or interest therein, in accordance with the statutory 
authority applicable to the National Park Service, $148,411,000, 
to be derived from the Land £uid Water Conservation Fvmd and 
to remain available until expended, of which $92,500,000 is for 
the State assistance program including $1,500,000 to administer 
this program: Provided, That none of the funds provided for the 
State eissistance program may be used to establish a contingency 
fund: Provided further, That in lieu of State assistance program 
indirect costs (as described in 0MB Circular A-87), not to exceed 
5 percent of apportionments under the State assistance program 
may be used by States, the District of Columbia, and insular areas 
to support program adndnistrative costs: Provided further, That 
$250,000 of the amount provided under this heading for civil war 
battlefield protection shall be available for transfer to the "National 
Recreation and Preservation" account. 

ADMINISTRATIVE PROVISIONS 

Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 249 passenger motor vehicles, 
of which 202 shall be for replacement only, including not to exceed 
193 for police-type use, 10 buses, and 8 ambulances: Provided, 
That none of the fiinds appropriated to the National Park Service 
may be used to process any grant or contract documents which 
Expiration date. do not include the text of 18 U.S.C. 1913: Provided further. That 
Reports. none of the funds appropriated to the National Park Service may 

be used to implement an agreement for the redevelopment of the 
southern end of Ellis Island until such agreement has been sub- 
mitted to the Congress and shedl not be implemented prior to 
the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of amoumment 
of more than 3 calendar days to a day certain) from uie receipt 
by the Speaker of the House of Representatives and the President 
of the Senate of a full and comprehensive report on the development 
of the southern end of Ellis Island, including the facts and cir- 
ciunstances relied upon in support of the proposed project: Provided 
further. That appropriations available to the National Park Service 
may be used to maintain the following areas in Washington, District 
of Columbia: Jackson Place, Madison Place, and Pennsylvania 
Avenue between 16th and 17th Streets, Northwest. 



276 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3051 

None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 

The National Park Service may distribute to operating units 
based on the safety record of each vmit the costs of programs 
designed to improve workplace and employee safety, and to encour- 
age employees receiving workers' compensation benefits pursuant 
to chapter 81 of title 5, United States Uode, to return to appropriate 
positions for which they are medicEilly able. 

Notwithstanding any other provision of law, in fiscal year 2005, 
with respect to the administration of the National Park Service 
park pass program by the National Park Foundation, the Secretary 
may pay to the Foundation administrative funds expected to be 
received in that fiscal year before the revenues are collected, so 
long as total payments in the administrative account do not exceed 
total revenue collected and deposited in that account by the end 
ofthe fiscal year. 

If the Secretary of the Interior considers the decision of any Deadline, 
value determination proceeding conducted under a National Park 
Service concession contract issued prior to November 13, 1998, 
to misinterpret or misapply relevant contractual requirements or 
their vmdenying legal authority, the Secretary may seek, within 
180 days of any such decision, the de novo review of the value 
determination by the United States Court of Federal Claims, and 
that court may make an order affirming, vacating, modifying or 
correcting the determination. 

In addition to other uses set forth in section 407(d) of Public 
Law 105-391, firanchise fees credited to a sub-account shall be 
available for expenditure by the Secretary, without further appro- 
priation, for use at any imit within the National Park System 
to extinguish or reduce Uability for Possessory Interest or leasehold 
surrender interest. Such fuiids may only be used for this purpose 
to the extent that the benefiting unit anticipated firanchise fee 
receipts over the term of the contract at that unit exceed the 
amount of fimds used to extinguish or reduce liability. Franchise 
fees at the benefiting imit shall be credited to the sub-account 
of the originating unit over a period not to exceed the term of 
a single contract at the benefiting unit, in the amount of funds 
so expended to extinguish or reduce liabihty. 

United States Geological Survey 

surveys, investigations, and research 

For expenses necessary for the United States Geological Survey 
to perform surveys, investieations, and research covering topog- 
rapny, geology, hydrology, biology, and the mineral and water 
resources of vae United States, its territories and possessions, and 
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resovtrces; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Commission licensees; administer the minerals exploration program 
(30 U.S.C. 641); and publish and disseminate data relative to the 
foregoing activities; and to conduct inquiries into the economic 
conditions affecting mining and materials processing industries (30 
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(l)) and related purposes 
as authorized by law and to publish and dissenunate data; 
$948,921,000, of which $63,262,000 shall be available only for 



277 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3061 

funds, until the affected tribe or individual Indian has been fur- 
nished with an accounting of such funds from which the beneficiary 
can determine whether there has been a loss: Provided further, 
That, notwithstanding any other provision of law, the Secretary 25USC4011 
shall not be required to provide a quarterly statement of perform- "»"*«• 
ance for any Indian trust accoxmt that has not had activity for 
at least 18 months and has a beilance of $1.00 or less: Provided 
further, That the Secretary shall issue an annual account statement Records. 
and maintain a record of any such accounts and shall permit 
the balance in each such account to be withdrawn upon the express 
written request of the account holder: Provided further, That, not 
to exceed $50,000, is available for the Secretary to make payments 
to correct administrative errors of either disbursements from or 
deposits to Individual Indian Money or Tribal accounts after Sep- 
tember 30, 2002: Provided further, That erroneous payments that 
are recovered shall be credited to and remain available in this 
account for this purpose. 

INDIAN LAND CONSOLIDATION 

For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing 
escheated interests in allotted lands, and for necessary expenses 
to carry out the Indian Land ConsoUdation Act of 1983, as amended, 
by direct expenditure or cooperative agreement, $35,000,000, to 
remain available until expended, and which may be transferred 
to the Bureau of Indian Affairs and Departmental Management 
accoimts: Provided, That funds provided under this heading may 
be expended pursuant to the authorities contained in the provisos 
under the heading "Office of Special Trustee for American Indians, 
Indian Land Consolidation" of the Interior and Related Agencies 
Appropriations Act, 2001 (Public Law 106-291). 

Natural Resource Damage Assessment and Restoration 

NATURAL resource DAMAGE ASSESSMENT FUND 

To conduct natural resource damage assessment and restora- 
tion activities by the Department of the Interior necesseuy to carry 
out the provisions of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 
seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 
1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101- 
380) (33 U.S.C. 2701 et seq.), and Public Law 101-337, as amended 
(16 U.S.C. 19tij et seq.), $5,818,000, to remain available until 
expended. 

ADMINISTRATIVE PROVISIONS 

There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value useo to offset the purchase price for 
the replacement aircraft: Provided further. That no programs funded 
with appropriated funds in the "Departmental Management", 
"Office of the SoUcitor", and "Office of Inspector General" may 



278 



118 STAT. 3062 



PUBLIC LAW 108-447— DEC. 8, 2004 



Beports. 



be augmented through the Working Capital Fund: Provided further, 
That the annual budget justification for Departmental Management 
shall describe estimated Working Capital Fund charges to bureaus 
and offices, including the methodology on which charges are based: 
Provided further. That departures from the Working Capital Fund 
estimates contained in the Departmental Management budget jus- 
tification shall be presented to the Committees on Appropriations 
for approval: Provided further, That the Secretary shall provide 
a semi-annual report to the Conunittees on Appropriations on 
reimbursable support agreements between the Office of the Sec- 
retary and the National Business Center and the bureaus and 
offices of the Department, including the amounts billed pursuant 
to such agreements. 

General Provisions, Department of the Interior 

Sec. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili- 
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, T^at no funds shall be made 
available under this authority until funds specifically made avail- 
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further, That all funds used pursuant 
to this section are hereby designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as 
made applicable to the House of Representatives by H. Res. 649 
(108th (yongress) and appHcable to the Senate by section 14007 
of Public Law 108-287, and must be replenished by a supplemental 
appropriation which must be requested as promptly as possible. 

Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatemng lands under the jurisdiction of the Depart- 
ment of the Interior; for the emergency rehabilitation of burned- 
over lands under its jurisdiction; for emergency actions related 
to potential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess- 
ment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and 
Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 1773(b) of Public 
Law 99-198 (99 Stat. 1658); for emergency reclamation projects 
under section 410 of Public Law 95-87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclama- 
tion and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State 
is not carrying out the regulatory provisions of the Surface Mining 
Act: Provided, That appropriations made in this title for wildland 
fire operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reimbursement 
to other Federal agencies for destruction of vehicles, aircraft, or 
other equipment in connection with their use for wildland fire 
operations, such reimbursement to be credited to appropriations 



279 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3063 



currently available at the time of receipt thereof: Provided further, 
That for wildland fire operations, no funds shall be made available 
under this authority until the Secretary determines that funds 
appropriated for 'Vildland fire operations" shall be exhausted 
within 30 days: Provided further, That all funds used pursuant 
to this section are hereby designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as 
made applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287, and must be replenished by a supplemental 
appropriation which must be requested as promptly as possible: 
Provided further. That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts fi-om which emergency 
fiinds were transferred. 

Sec. 103. Appropriations made to the Department of the 43 U8C I47ic-i. 
Interior shall hereafter be available for operation of warehouses, 
garages, shops, and similar faciUties, wherever consolidation of 
activities will contribute to efficiency or economy, and said appro- 
priations shall be reimbursed for services rendered to any other 
activity in the same manner as authorized by sections 1535 and 
1536 of title 31, United States Code: Provided, That reimbursements 
for costs and suppUes, materials, equipment, and for services ren- 
dered may be credited to the appropriation current at the time 
such reimbursements are received. 

Sec. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; hire, maintenance, and operation of aircraft; 
hire of passenger motor vehicles; purchase of reprints; payment 
for telephone service in private residences in the field, when author- 
ized under regulations approved 1^ the Secretary; and the payment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue publications to members 
only or at a price to members lower tnan to subscribers who 
are not members. 

Sec. 105. Appropriations available to the Department of the 43 USC I47lh. 
Interior for salaries and expenses shall hereafter be available for 
uniforms or allowances therefor, as authorized by law (5 U.S.C. 
5901-5902 and D.C. Code 4-204). 

Sec. 106. Annual appropriations made to the Department of 43USCl471i. 
the Interior shall hereafter be aveulable for obligation in connection 
with contracts issued for services or rentals for periods not in 
excess of 12 months beginning at any time during the fiscal year. 

Sec. 107. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under restriction 
in the President's moratorium statement of June 12, 1998, in the 
areas of northern, central, and southern California; the North 
Atlantic; Washington and Oregon; and the eastern Gvilf of Mexico 
south of 26 degrees north latitude and east of 86 degrees west 
longitude. 

Sec. 108. No fimds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and natural 
gas preleasing, leasing and related activities in the eastern Gulf 
of Mexico planning area for any lands located outside Sale 181, 
as identified in the final Outer Continental Shelf 5-Year Oil and 
Gas Leasing Program, 1997-2002. 



280 



118 STAT. 3064 PUBLIC LAW 108-447— DEC. 8, 2004 

Sec. 109. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atlantic planning areas. 

Sec. 110. Notwithstanding any other provisions of law, the 
National Park Service shall not develop or implement a reduced 
entrance fee program to accommodate non-local travel through a 
unit. The Secretary may provide for and regulate local non-rec- 
reational passage through units of the National Park System, 
allowing each unit to develop guidelines and permits for such 
activity appropriate to that unit. 
25 use 450e-3. Sec. Ill, Advance payments made by the Department of the 

Interior to Indian tribes, taibal organizations, and tribal consortia 
pursuant to the Indian Self-Determination and Education Assist- 
ance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested 
by the Indian tribe, tribal organization, or consortium before such 
fiinds are expended for the purposes of the grant, compact, or 
annual funding agreement so long as such funds are — 

(1) invested by the Indian tribe, tribal organization, or 
consortium only in obUgations of the United States, or in obliga- 
tions or securities that are guaranteed or insured by the United 
States, or mutual (or other) fiinds registered with the Securities 
and Exchange Commission and which only invest in obligations 
of the United States or securities that are guaranteed or insured 
by the United States; or 

(2) deposited only into accounts that are insured by an 
agency or instrumentality of the United States, or are fully 
collateralized to ensiure protection of the funds, even in the 
event of a bank failure. 

Sec. 112. Appropriations made in this Act imder the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any vmobligated balances from prior appropriations 
Acts made under the same headings shall be available for expendi- 
ture or transfer for Indian trust management and reform activities, 
except that total funding for historical accounting activities shall 
not exceed amounts specifically designated in this Act for such 
purpose. 

Sec. 113. Notwithstanding any other provision of law, for the 

gurpose of reducing the backlog of Indian probate cases in the 
department of the Interior, the hearing requirements of chapter 
10 of title 25, United States Code, are deemed satisfied by a pro- 
ceeding conducted by an Indian probate judge, appointed by the 
Secretary without regard to the provisions of title 5, United States 
Code, governing the appointments in the competitive service, for 
such period of time as the Secretary determines necessEiry: Provided, 
That the basic pay of an Indian probate judge so appointed may 
be fixed by the Secretary without regard to the provisions of chapter 
51, and subchapter III of chapter 53 of title 5, United States 
Code, governing the classification and pay of General Schedule 
employees, except that no such Indian probate judge may be paid 
at a level which exceeds the maximum rate payable for the hignest 
grade of the General Schedule, including locality pay. 

Sec. 114. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any Tribal 
Priority Allocation funds, including tribal base funds, to alleviate 
tribal funding inequities by transferring funds to address identified, 



281 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3065 



unmet needs, dual enrollment, overlapping service areas or inac- 
cxirate distribution methodologies. No tribe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2005. Under circvunstances of dual enrollment, overlap- 
ping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply. 

Sec. 115. Funds appropriated for the Bureau of Indian Affairs 
for postsecondary schools for fiscal year 2005 shall be allocated 
among the schools proportionate to the unmet need of the schools 
as determined by the Postsecondary BHinding Formula adopted by 
the OSice of Indian Education Programs. 

Sec. 116. (a) The Secrettiry of the Interior shall hereafter Kansas. 
take such action as may be necessary to ensure that the lands Cemeteries. 
comprising the Huron Cemetery in Kansas City, Kansas (as 
described in section 123 of Public Law 106-291) are used only 
in accordance with this section. 

(b) The limds of the Huron Cemetery shall be used only: (1) 
for religious and cultural uses that are compatible with the use 
of the lands as a cemetery; and (2) as a burial ground. 

Sec. 117. Notwithstanding any other provision of law, in con- 
veying the Twin Cities Research Center under the authority pro- 
vided by Public Law 104-134, as amended by Public Law 104— 
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the Nationeil Wildlife Refuge 
System vidthin the State of Minnesota; and (2) for aU activities 
authorized by Public Law 100-696; 16 U.S.C. 460zz. 

Sec. 118. Notwithstanding 31 U.S.C. 3302(b), sums received 43USCi474e. 
by the Bureau of Land Management for the sale of seeds or seed- 
lings, may hereafter be credited to the appropriation fi"om which 
funds were expended to acquire or grow the seeds or seedlings 
and are available without fiscal year limitation. 

Sec. 119. The Secretary of the Interior may use or contract 
for the use of heUcopters or motor vehicles on the Sheldon and 
Hart Nationeil Wildlife Refuges for the purpose of capturing and 
transporting horses and bxirros. The provisions of suDsection (a) 
of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be 
applicable to such use. Such use shall be in accordance with humane 
procedures prescribed by the Secretary. 

Sec. 120. (a) Limitation on Increases in Claims Mainte- 
nance AND Location Fees.— The fees established in 30 U.S.C. 
28f and 28g shall be equal to the fees in effect immediately prior 
to the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the Depart- 
ment of the Interior has complied with the obligations established 
in subsections (b) and (c). 

(b) Estabushment of Permit Tracking System.— The Depart- 
ment of the Interior shall establish a nationwide tracking system 
to determine and address the length of time from submission of 
a plan of operations to mine on public lands to final approval 
of such submission. 

(c) Report. — ^Within 1 year of enactment, the Department shall 
file a detailed report with the House and Senate Committees on 
Appropriations and the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate providing detailed information on the length 



282 



118 STAT. 3066 PUBLIC LAW 108-447— DEC. 8, 2004 

of time it takes the Department to approve proposed mining plans 
of operations and recommending steps to reduce current delays. 

Sec. 121. Funds provided in this Act for Federal land acquisi- 
tion by the National Park Service for Shenandoah Valley Battle- 
fields National Historic District and Ice Age National Scenic Trail 
may be used for a grant to a State, a local government, or any 
other land management entity for the acquisition of lands without 
regard to any restriction on the use of Federal land acquisition 
funds provided through the Land and Water Conservation Fund 
Act of 1965 as amended. 

Sec. 122. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground lunchroom at the Carlsbad Caverns 
National Park. 

Sec. 123. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such 
bridge, when such pedestrian use is consistent with generally 
accepted safety standards. 

Sec. 124. None of the funds in this or any other Act can 
be used to compensate the Special Master and the Special Master- 
Monitor, and all variations thereto, appointed by the United States 
District Court for the District of Colxunbia in the Cobell v. Norton 
litigation at an annual rate that exceeds 200 percent of the hijghest 
Senior Executive Service rate of pay for the Washington-Baltimore 
locaUty pay area. 

Sec. 125. The Secretary of the Interior may use discretionary 
funds to pay private attorneys fees and costs for employees and 
former employees of the Department of the Interior reasonably 
incurred in connection with Cobell v. Norton to the extent that 
such fees and costs are not paid by the Department of Justice 
or by private insurance. In no case shall the Secretary make pay- 
ments under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the District 
Court for the District of Columbia for counsel in Cobell v. Norton. 

Sec. 126. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan- 
gered species of salmon, implement a system of mass marking 
of salmoxiid stocks, intended for harvest, that are released from 
Federally operated or Federally financed hatcheries including but 
not limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 

Sec. 127. Such sums as may be necessary from "Departmental 
Management, Salaries and Expenses", may be transferred to 
"United States Fish and Wildlife Service, Resource Management" 
for operational needs at the Midway Atoll National Wildlife Refuge 
airport. 

Sec. 128. (a) In General.— Nothing in section 134 of the 
Department of the Interior and Related Agencies Appropriations 
Act, 2002 (115 Stat. 443) affects the decision of the United States 
Court of Appeals for the 10th Circuit in Sac and Fox Nation v. 
Norton, 240 F.3d 1250 (2001). 

(b) Use of Certain Indian Land.— Nothing in this section 
permits the conduct of gaming under the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.) on land described in section 123 



283 



PUBLIC LAW 108-i47— DEC. 8, 2004 118 STAT. 3067 

of the Department of the Interior and Related Agencies Appropria- 
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that 
land, regardless of whether the land or contiguous land has been 
taken into trust by the Secretary of the Interior. 

Sec. 129. No funds appropriated for the Department of the 
Interior by this Act or any otner Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam. 

Sec. 130. Notwithstanmng the limitation in subparagraph 
(2XB) of section 18(a) of the Indian Gaming Regulato^ Act (25 
U.S.C. 2717(a)), the total amount of aU fees imposed by the National 
Indian Gaming Commission for fiscal year 2006 shaU not exceed 
$12,000,000. 

Sec. 131. Notwithstanding any implementation of the Depart- 
ment of the Interior's trust reorganization or reengineering plans, 
or the implementation of the "To Be" Model, funds appropriated 
for fiscal year 2005 shall be available to the tribes within the 
California Tribal Trust Reform Consortium and to the Salt River 
Pima-Maricopa Indian Commvmity, the Confederated Salish and 
Kootenai Tribes of the Flathead Reservation and the Chippewa 
Cree Tribe of the Rocky Boys Reservation through the same method- 
ology as funds were distributed in fiscal year 2003. This Demonstra- 
tion Project shall continue to operate separate and apart from 
the Department of the Interior's trust reform and reorganization 
and the Department shall not impose its trust management infra- 
structure upon or alter the existing trust resource management 
systems of the above referenced trmes having a self-governance 
compact and operating in accordance with the Tribal Self-Govern- 
ance Program set forth in 25 U.S.C. 458aa-458hh: Provided, That 
the California Trust Reform Consortiiun and any other participating 
tribe agree to carry out their responsibiUties under the same written 
and implemented fiduciary standards as those being carried by 
the Secretary of the Interior: Provided further, That they dem- 
onstrate to the satisfaction of the Secretary that they have the 
capabihiy to do so: Provided further, That the Department shall 
provide funds to the tribes in an amount equal to that required 
by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally 
related to the provision of trust services to the tribes or their 
members. 

Sec. 132. Notwithstanding any provision of law, including 42 
U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in 
the Jarbidge Field Office, Bureau of Land Management within 
the past 8 years, shall be renewed. The Animal Unit Months con- 
tained in the most recently expired nonrenewable grazing permit, 
authorized between March 1, 1997, and Februaiy 28, 2003, shall 
continue in eifect under the renewed permit. Nothing in this section 
shaU be deemed to extend the nonrenewable permits beyond the 
standard 1-year term. 

Sec. 133. Pursuant to section 10101f(d)(3) of the Omnibus Notices. 
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(dX3)), the following Joining- 
claims shall be given notice of defect and the opportunity to cure: 
AKFF061472, AKFF085155-AKFF085156, AKFF061632- 

AKFF061633, AKFF061636-AKFF061637, and AKFF084718. 

Sec. 134. Section 702(b)(2) of Public Law 107-282 (116 Stat. 
2013) is amended by striking "that if the land" £md all that follows 
through "conveyed by the Foundation." and inserting the following: 



Claims. 



284 



118 STAT. 3068 



PUBLIC LAW 108-447— DEC. 8, 2004 



South Carolina. 
16 use 668dd 
note. 



"that provides that (except in a case in which the proceeds of 
a lease are provided to the Foundation to carry out the purposes 
for which the Foundation was estabUshed), if the land described 
in paragraph (3) is sold, leased, or otherwise conveyed by the 
Foundation — ". 

Sec. 135. Amendment of the Surface Mining Control and 

Reclamation Act of 1977. (a) Section 402(b) of the Surface Mining 

Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended 

by striking "September 30, 2004" and inserting "June 30, 2005". 

Ante, p. 1142. (b) Section 125 of Pubhc Law 108-309 is hereby repealed. 

Sec. 136. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, 
or interests therein including the use of all or part of any pier, 
dock, or landing within the State of New York and the State 
of New Jersey, for the purpose of operating and maintaining facili- 
ties in the support of transportation and accommodation of visitors 
to Ellis, Governors, and Liberty Islands, and of other pro-am 
and administrative activities, by donation or Avith appropriated 
funds, including franchise fees (and other monetary consideration), 
or by exchange; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other agree- 
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 

Sec. 137. Ernest F. Hollings ACE Basin National Wildlife 
Refuge, (a) Redesignation.— The ACE Basin National Wildlife 
Refuge in the State of South Carolina shall be known and des- 
ignated as the "Ernest F. HolMngs ACE Basin National Wildlife 
Refuge". 

(b) References. — ^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the refiige 
referred to in subsection (a) shall be deemed to be a reference 
to the "Ernest F. Hollings ACE Basin National Wildlife Refuge". 

Sec. 138. Financial Assistance; Flood Insurance. The 
limitations on Federal expenditures or financial assistance in sec- 
tion 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) and 
the limitations on flood insurance coverage in section 1321(a) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) shall 
not apply to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivi- 
sion on Edisto Island, South Carolina, depicted on the reference 
map entitled "John H. Chafee Coastal Barrier Resources System 
Edisto Complex M09/M09P' dated January 24, 2003. 

Sec. 139. (a) There is hereby released, without consideration, 
all right, title, and interest of the United States in and to the 
surface portion of that portion of the existing building located 
at 615 North Burnett Road in Tipton, Cahfomia, which encroaches 
upon land that, subject to a reversionarv interest, was conveyed 
by the United States pursuant to the Act of July 27, 1866 (14 
Stat. 292). The United States retains any subsurface mineral rights 
held by the United States as of the date of the enactment of 
this Act associated with that property. The Secretary of the Interior 
shall execute and file in the appropriate office a deed of release, 
amended deed, or other appropriate instrument effectuating the 
release of interests made by this subsection. 

(b) Section 314 of the National Parks and Recreation Act of 
16 use 46f. 1978 (PubUc Law 95-625; 92 Stat. 3480) is amended— 

(1) in subsection (c)(2), by striking "Such rights of use 

and occupancy shall be for not more than twenty-five years 



California. 
Federal buildings 
and facilities. 



285 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3069 



or for a term ending at the death of the owner or his or 
her spouse, whichever is later."; and 

(2) in subsection (d)(2)(B), by inserting "and to their heirs, 

successors, and assigns" after "those persons who were lessees 

or permittees of record on the date of enactment of this Act". 

(c)(1) The first section of Public Law 99-338 is amended by 

striking "one renewal" and inserting "3 renewals". 

(2) Section 3 of Public Law 99-338 is amended to read as 
follows: 

"Sec. 3. The permit shall contain the following provisions: 

"(1) A prohibition on expansion of the Kaweah Project 
in Sequoia National Park. 

"(2) A requirement that an independent safety assessment 
of the Kaweah Project be conducted, and that any deficiencies 
identified as a result of the assessment would be corrected. 

"(3) A requirement that the Secretary prepare and submit 
to Congress an update of the July 1983 report on the impact 
of the operations of the Kaweah No. 3 facility on Sequoia 
National Park. 

"(4) A requirement that the permittee pay the park com- 
pensation as determined by the Secretary in consultation with 
the permittee. 

"(5) Any other reasonable terms and conditions that the 
Secretary of the Interior deems necessary and proper for the 
management and care of Sequoia National Park and the pur- 
poses for which it was established.". 

(3) Public Law 99-338 is fiirther amended by adding at the 
end the following new section: 

"Sec. 4. The proceeds fi'om any fees imposed pursuant to a 
permit issued vmder this Act shall be retained by Sequoia National 
Park and Kings Canyon National Park and shall be available, 
without further appropriation, for resources protection, mainte- 
nance, and other park operational needs.". 

Sec. 140. (a) Short Title.— This section may be cited as the 
"Gaylord A Nelson Apostle Islands National Lakeshore Wildemess 

(b) Definitions.— In this section: 

(1) Map. — ^The term "map" means the map entitled "Apostle 
Islands Lakeshore Wildemess", numbered 633/80,058 and dated 
September 17, 2004. 

(2) Secretary.— The term "Secretary" means the Secretary 
of the Interior. 

(3) High-water mark.— The term "high-water mark" 
means the point on the bank or shore up to which the water, 
by its presence and action or flow, leaves a distinct mark 
indicated by erosion, destruction of or change in vegetation 
or other easily recognizable characteristic. 

(c) Designation of Apostle Islands National Lakeshore 
Wilderness.— 

(1) Designation. — Certain lands comprising approximately 
33,500 acres within the Apostle Islands National Lakeshore, 
as generally depicted on the map referred to in subsection 
(b), are hereby designated as wildemess in accordance with 
section 3(c) of the Wildemess Act (16 U.S.C. 1132), and there- 
fore as components of the National Wildemess Preservation 
System. 

(2) Map and description.- 



16 use 45a-l 
note. 

100 Stat. 641. 



Gaylord A. 
Nelson Apostle 
Islands National 
Lakeshore 
Wildemess Act. 



16 use 1132 
note. 



286 



118 STAT. 3070 PUBLIC LAW 108-^47— DEC. 8, 2004 

(A) The map referred to in subsection (b) shall be 
on file and available for public inspection in the appropriate 
offices of the National Park Service. 

(B) As soon as practical after enactment of this section, 
the Secretary shall submit a description of the boundary 
of the wilderness areas to the Committee on Energy and 
Natural Resources of the Senate and the Conunittee on 
Resources of the United States House of Representatives. 

(C) The map and description shall have tne same force 
and effect as if included in this section, except that the 
Secretary may correct clerical and typographical errors in 
the description and maps. 

(3) Boundary of the wilderness.— Any portion of wilder- 
ness designated in paragraph (c)(1) that is bordered by Lake 
Superior shall use as its boundary the high-water mark. 

(4) Naming. — ^The wilderness area designated by this sec- 
tion shall be known as the Gaylord A Nelson National Wilder- 
ness. 

(d) Administration. — 

(1) Management. — Subject to valid existing rights, the 
lands designated as wilderness by this section shall be adminis- 
tered by the Secretary in accordance with the applicable nrovi- 
sions of the Wilderness Act (16 U.S.C. 1131), except that — 

(A) any reference in that Act to the effective date 
shall be considered to be a reference to the date of enact- 
ment of this section; and 

(B) where appropriate, any reference to the Secretary 
of Agriculture shall be considered to be a reference to 
the Secretary of the Interior with respect to Ifmds adminis- 
tered by the Secretary. 

(2) Savings provisions.— Nothing in this section shall— 

(A) modify, alter, or in any way affect any treaty rights; 

(B) alter the management of the waters of Lake Supe- 
rior within the boundary of the Apostle Islands National 
Lakeshore in existence on the date of enactment of this 
section; or 

(C) be construed to modify, limit, or in any way affect 
the use of motors on the lake waters, including snowmobiles 
and the beaching of motorboats acyacent to wUdemess 
areas below the nigh-water mark, and the maintenance 
and expansion of any docks existing at the time of the 
enactment of this section. 

Sec. 141. Upon the request of the permittee for the Clark 
Mountain Allotment lands adyacent to the Mojave National Pre- 
serve, the Secretary shall also issue a special use permit for that 
portion of the grazing allotment located within the Preserve. The 
special use permit shall be issued with the same terms and condi- 
tions as the most recently-issued permit for that allotment and 
the Secretary shall consider the permit to be one transferred in 
accordance with section 325 of Public Law 108-108. 

Sec. 142. Sale of Wild Free-Roaming Horses and Burros. 
(a) In General.— Section 3 of PubHc Law 92-195 (16 U.S.C. 1333) 
is amended — 

(1) in subsection (dX5), by striking "this section" and all 
that follows through the period at the end and inserting "this 
section."; and 

(2) by adding at the end the following: 



287 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3071 

"(e) Sale of Excess Animals.— 

"(1) In general. — ^Any excess animal or the remains of 
an excess animal shall be sold if— 

"(A) the excess animal is more than 10 years of age; 
or 

"(B) the excess animal has been offered unsuccessfully 
for adoption at least 3 times. 

"(2) Method of sale. — ^An excess animal that meets either 
of the criteria in paragraph (1) shall be made available for 
sale without limitation, including through auction to the highest 
bidder, at local sale yards or other convenient livestock selling 
facilities, until such time as — 

"(A) all excess animals offered for sale are sold; or 
"(B) the appropriate management level, as determined 
by the Secretary, is attained in aU areas occupied by vdld 
free-roaming horses and burros. 

"(3) Disposition of funds.— Funds generated from the 
sale of excess animals under this subsection shall be — 

"(A) credited as an offsetting collection to the Manage- 
ment of Lands and Resources appropriation for the Bureau 
of Land Management; and 

"(B) used for the costs relating to the adoption of 
wild free-roaming horses and burros, including the costs 
of marketing such adoption. 

"(4) Effect of sale. — ^Any excess animal sold under this 
provision shall no longer be considered to be a wild free-roaming 
horse or burro for pvirposes of this Act.", 
(b) Criminal Provisions.— Section 8(a)(4) of Public Law 92- 
195 (16 U.S.C. 1338(aX4)) is amended by inserting "except as pro- 
vided in section 3(e)," before "processes". 

Sec. 143. (a) Short Title.— This section may be cited as the Migratory Bird 
"Migratory Bird Treaty Reform Act of 2004". S^f^^omi ™ 

(b) Exclusion of Non-Native Species From Appucation of Vrttst 7in 
Certain Prohibitions Under Migratory Bird Treaty Act,— Sec- 
tion 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended— 

(1) in the first sentence by striking "That unless and except 
as permitted" and inserting the following: "(a) In General. — 
Unless and except as permitted"; and 

(2) by adding at the end the following: 
"(b) Limitation on Application to Introduced Species. — 

"(1) In general. — This Act applies only to migratory bird 
species that are native to the United States or its territories. 
"(2) Native to the united states defined.— 

"(A) In general. — Subject to subparagraph (B), in this 
subsection the term 'native to the United States or its 
territories' means occurring in the United States or its 
territories as the result of natural biological or ecological 
processes. 

"(B) Treatment of introduced species.- For pur- 
poses of paragraph (1), a migratory bird species that occurs 
in the United States or its territories solely as a result 
of intentional or unintentional hiunan-assisted introduction 
shall not be considered native to the United States or 
its territories unless — 

"(i) it was native to the United States or its terri- 
tories and extant in 1918; 



16 use 710 note. 



288 



118 STAT. 3072 



PUBLIC LAW 108-447— DEC. 8, 2004 



16 use 703 note. 
Deadline. 
Federal Register, 
publication. 



16 use 703 note. 



Foundation for 
Nevada's 
Veterans Land 
Transfer Act of 
2004. 



16 use 1132 
note. 

Cumberland 
Island 
Wilderness 
Boundary 
Acijustment Act 
of 2004. 



"(ii) it was extirpated after 1918 throughout its 
range in the United States and its territories; and 

"(iii) after such extirpation, it was reintroduced 
in the United States or its territories as a part of 
a program carried out by a Federal agency.". 

(c) Publication of List.— 

(1) In general.— Not later than 90 days after the date 
of enactment of this section, the Secretary of the Interior shall 
publish in the Federal Register a list of all nonnative, human- 
introduced bird species to which the Migratory Bird Treaty 
Act (16 U.S.C. 703 et sea.) does not apply. As necessary, the 
Secretary may update ana publish the list of species exempted 
from protection of the Migratory Bird Treaty Act. 

(2) Public comment.— Before publishing the list under 
paragraph (1), the Secretary shall provide adequate time for 
public comment. 

(3) Effect of section.— Nothing in this subsection shall 
delay implementation of other provisions of this section or 
amendments made by this section that exclude nonnative, 
human-introduced bird species from the application of the 
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). 

(d) Relationship to Treaties.— It is the sense of Congress 
that the language of this section is consistent with the intent 
and language of ttie 4 bilateral treaties implemented by this section. 

Sec. 144. (a) Short Title.— This section may be cited as the 
"Foundation for Nevada's Veterans Land Transfer Act of 2004". 

(b) Transfer of Administrative Jurisdiction, Bureau of 
Land Management Land, Clark County, Nevada.— 

(1) In general. — ^Administrative jurisdiction over the land 
described in paragraph (2) is transferred from the Secretary 
of the Interior to the Secretary of Veterans Affairs. 

(2) Description of land.— The parcel of land referred 
to in paragraph (1) is the ajpproximately 150 acres of Biweau 
of Land Management land m Clark County, Nevada, as gen- 
erally depicted on the map entitled "Veterans Administration 
Conveyance" and dated September 24, 2004. 

(3) Use of land. — ^The parcel of land described in para- 
graph (2) shall be used by the Secretary of Veterans .^airs 
for the construction and operation of medical and related facili- 
ties, as determined to be appropriate by the Secretary of Vet- 
erans Affairs. 

Sec. 145. Cumberland Island Wilderness Boundary 
Adjustment, (a) In General.— Public Law 97-250 (96 Stat. 709) 
is amended by striking section 2 and inserting the following: 

"SEC. 2. CUMBERLAND ISLAND WILDERNESS. 

"(a) Definitions. — ^In this section: 

"(1) Map. — ^The term 'map' means the map entitled 'Cum- 
berland Island Wilderness', numbered 640/20,0381, and dated 
September 2004. 

"(2) Secretary,— The term 'Secretary* means the Secretary 
of the Interior. 

"(3) Wilderness.— The term 'Wilderness' means the Cum- 
berland Island Wilderness established by subsection (b). 

"(4) Potential wilderness.— The term 'Potential Wilder- 
ness* moEuis the 10,500 acres of potential wilderness described 
in subsection (c)(2), but does not include the area at the north 



289 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3073 



end of Cumberland Island known as the lligh Point Half- 
Moon Bluff Historic District'. 
"(b) Establishment.— 

"(1) In general.— Approximately 9,886 acres of land in 
the Cumberland Island National Seashore depicted on the map 
as Wilderness' is designated as a component of the National 
Wilderness Preservation System and shall be known as the 
'Cumberland Island Wilderness'. 

"(2) Exclusions.— The 25-foot wide roadways depicted on 
the map as the 'Main Road', Tlum Orchard', and the 'North 
Cut Road' shall not be included in the Wilderness and shall 
be maintained by the Secretary for continued vehicle use. 
"(c) Additional Land. — In addition to the land designated 
under subsection (b), the Secretary shall — 

"(1) on acquisition of the. approximately 231 acres of land 
identified on the map as 'Areas Become Designated Wilderness 
upon Acquisition by the NPS'; and 

"(2) on publication in the Federal Register of a notice 
that all uses of the approximately 10,500 acres of land depicted 
on the map as "Potential Wilderness' that are prohibited under 
the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, adjust 
the boundary of the Wilderness to include the land. 
"(d) Availability of Map.— The map shaU be on file and avail- 
able for public inspection in the appropriate offices of the National 
Park Service. 

"(e) Administration. — Subject to valid existing rights, the 
Wilderness shall be administered by the Secretary, in accordance 
Mdth the applicable provisions of the Wilderness Act (16 U.S.C. 
1131 et seq.) governing areas designated by that Act as wilderness 
areas, except that — 

"(1) any reference in such provisions to the effective date 
of that Act shall be deemed to be a reference to the effective 
date of this Act; and 

"(2) where appropriate, any reference in that Act to the 
Secretary of Agriculture shall be deemed to be a reference 
to the Secretary. 

"(f) Effect. — ^Any person with a right to utility service on 
Cumberland Island on the date of enactment of this subsection 
shall continue to have the right to utility service in the Wilderness 
after the date of enactment of this subsection. 

"(g) Management Plan for Access to Main Road and North 
Cut Road. — ^Not later than 1 year after the date of the enactment 
of the Cumberland Island Wilderness Boundary Adjustment Act 
of 2004, the Secretary shall complete a management plan to ensure 
that not more than 8 and not less than 5 round trips are made 
available daily on the Main Road north of the Plum Orchard Spur 
and the North Cut Road by the National Park Service or a conces- 
sionaire for the purpose of transporting visitors to and from the 
historic sites located adjacent to Wilderness.". 

(b) Tours of Cumberland Island National Seashore.— Sec- 
tion 6 of Public Law 92-536 (86 Stat. 1066) is amended— 

(1) in subsection (b), by inserting ", except as provided 
in subsection (c)," before "no development of the project"; and 

(2) by adding at the end the following: 

"(c) Tours of the Seashore.— Notwithstanding subsection (b), 
the Secretary may enter into not more than 3 concession contracts, 



Federal Register, 

publication. 

Notice. 



Deadline. 



16 use 429i-«. 



Contracts. 



290 



118 STAT. 3074 PUBLIC LAW 108-447— DEC. 8, 2004 

as the Secretary determines appropriate, for the provision of tours 
for visitors to the seashore that are consistent with — 
"(1) this Act; 

"(2) the Wilderness Act (16 U.S.C, 1131 et seq.); and 
"(3) Pubhc Law 97-250 (96 Stat. 709).". 
16 use 459i (c) Short Title.— This section may be cited as the "Cumberland 

note. Island Wilderness Boundary Ac^ustment Act of 2004". 

Sec. 146. Notwithstanding any other provision of law, the 
National Park Service final winter use rules published in Part 
Vn of the Federal Register for November 10, 2004, 69 Fed. Reg. 
65348 et seq., shall be in force and effect for the winter use season 
of 2004-2005 that commences on or about December 15, 2004. 

TITLE II— RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

Forest Service 

forest and rangeland research 

For necessary expenses of forest and rangeland research as 
authorized by law, $280,278,000, to remain available until 
expended: Provided, That of the funds provided, $56,714,000 is 
for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY 

For necessary expenses of cooperating with and providing tech- 
nical and financial assistance to States, territories, possessions, 
and others, and for forest health management, including treatments 
of pests, pathogens, and invasive or noxious plants and for restoring 
and rehabilitating forests damaged by pests or invasive plants, 
cooperative forestry, and education and land conservation activities 
and conducting an international program as authorized, 
$296,626,000, to remain available vmtil expended, as authorized 
by law of which $57,939,000 is to be derived from the Land and 
Water Conservation Fimd: Provided, That none of the funds pro- 
vided under this heading for the acquisition of lands or interests 
in lands shall be available imtil the Forest Service notifies the 
House Committee on Appropriations and the Senate Committee 
on Appropriations, in writing, of specific contractual and grant 
details including the non-Federal cost share: Provided further, That 
notwithstanding any other provision of law, of the funds provided 
under this heading, $2,000,000 shaD be made available to Kake 
Tribal Corporation as an advance direct luinp sum payment to 
implement the Kake Tribal Corporation Land Transfer Act (Public 
Law 106-283), and $1,500,000 shall be made available to Canton, 
North Carolina, as an advance direct lump sum payment for wood 
products wastewater treatment repairs. 

NATIONAL FOREST SYSTEM 

For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utiliza- 
tion of the National Forest System, $1,400,260,000, to remain avail- 
able until expended, which shall include 50 percent of all moneys 
received during prior fiscal years as fees collected under the Land 



291 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3091 

National Endowment for the Humanities 

grants and administration 

For necessary expenses to carry out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$123,877,000, shall be available to the National Endowment for 
the Humanities for support of activities in the humanities, pursuant 
to section 7(c) of the Act, and for administering the functions 
of the Act, to remain available until expended. 

MATCHING GRANTS 

To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $16,122,000, to remain available vmtil expended, of which 
$10,436,000 shall be available to the National Endowment for the 
Humanities for the purposes of section 7(h): Provided, That this 
appropriation shall be available for obligation only in such amounts 
as may be equal to the total amounts of rifts, bequests, and devises 
of money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of subsections 
ll(a)(2XB) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appro- 
priated. 

ADMINISTRATIVE PROVISIONS 

None of the funds appropriated to the National Foundation 
on the Arts and the Humanities may be used to process any grant 
or contract documents which do not include the text of 18 U.S.C. 
1913: Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities mav be used for official 
reception and representation expenses: Provided further. That funds 
from nonappropriated sources may be used as necessary for official 
reception and representation exoenses: Provided further, That the 
Chairperson of the National Endowment for the Arts may approve 
grants up to $10,000, if in the aggregate this amount does not 
exceed 5 percent of the sums appropriated for grant-making pur- 
poses per year: Provided further, Tnat such small grant actions 
are taken pursuant to the terms of an expressed and direct delega- 
tion of authority from the National Council on the Arts to the 
Chairperson. 

COMMISSION OF Fine Arts 

SALARIES AND EXPENSES 

For expenses made necessary by the Act estabUshing a Commis- 
sion of Fine Arts (40 U.S.C. 104), $1,793,000: Provided, That the 
Commission is authorized to charge fees to cover the fiill costs 
of its pubUcations, and such fees shall be credited to this accoimt 
as an offsetting collection, to remain available imtil expended with- 
out further appropriation. 

NATIONAL capital ARTS AND CULTURAL AFFAIRS 

For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956(a)), as amended, $7,000,000. 



292 



118 STAT. 3092 PUBLIC LAW 108-447— DEC. 8, 2004 

Advisory Council on Historic Preservation 

salaries and expenses 

For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $4,600,000: Pro- 
vided, That none of these funds shall be available for compensation 
of level V of the Executive Schedule or higher positions. 

National Capital Planning Commission 

salaries and expenses 

For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter 
of 1 percent of the funds provided under this heading may be 
used for official reception and representational expenses to host 
international visitors engaged in the planning and physical develop- 
ment of world capitals. 

United States Holocaust Memorial Museum 

HOLOCAUST memorial MUSEUM 

For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106-292 (36 U.S.C. 2301-2310), $41,433,000, of 
which $1,900,000 for the museum's repair and rehabilitation pro- 
gram and $1,264,000 for the museum's exhibitions program shall 
remain available until expended. 

Presidio Trust 

presidio trust fund 

For necessary expenses to carry out title I of the Omnibus 
Parks and Pubhc Lands Management Act of 1996, $20,000,000 
shall be available to the Presidio Trust, to remain available until 
expended. 

TITLE III— GENERAL PROVISIONS 

Conbracts. Sec. 301. The expenditure of any appropriation under this 

Public Act for any consulting service through procurement contract, pvirsu- 

laformation. ^^^ ^ 5 y.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant 
to existing law. 

Sec. 302. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which congressional 
action is not complete. 

Sec. 303. No part of any appropriation contained in this Act 
shall remain available for obligation oeyond the current fiscal year 
unless expressly so provided herein. 

Sec. 304. None of the funds provided in this Act to any depart- 
ment or agency shall be obligated or expended to provide a personal 



293 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3093 

cook, chauffeiir, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 

Sec. 305. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
notice of such assessments and the basis therefor are presented 
to the Committees on Appropriations and are approvea by such 
committees. 

Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 2004. 

Sec. 307. (a) Limitation of Funds.— None of the funds appro- 

griated or otherwise made available pursuant to this Act snail 
e obligated or expended to accept or process applications for a 
patent for any mining or mill site claim located tinder the general 
mining laws. 

(b) Exceptions. — ^The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent application was filed with the Sec- 
retary on or before September 30, 1994; and (2) aU requirements 
established under sections 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 
and 37) for placer claims, and section 2337 of the Revised Statutes 
(30 U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date. 

(c) Report.— On September 30, 2005, the Secretary of the 
Interior shall file with the House and Senate Committees on Appro- 
priations and the Committee on Resources of the House of Rep- 
resentatives and the Committee on Energy and Natural Resources 
of the Senate a report on actions taken by the Department under 
the plan submitted pursuant to section 314(c) of the Department 
of the Interior and Related Agencies Appropriations Act, 1997 
(PubUc Law 104-208). 

(d) Mineral Examinations. — In order to process patent Contracts. 
appUcations in a timely and responsible manner, upon the request 

of a patent applicant, the Secretary of the Interior shall allow 
the appUcant to fund a qualified third-party contractor to be selected 
by the Bvu-eau of Land Management to conduct a mineral examina- 
tion of the mining claims or mUl sites contained in a patent applica- 
tion as set forth in subsection (b). The Bureau of Land Management 
shall have the sole responsibility to choose and pay the third- 
party contractor in accordance with the standard procedvu-es 
employed by the Bureau of Land Management in the retention 
of tnird-party contractors. 

Sec. 308. NotAvithstanding any other provision of law, amovints 
appropriated to or earmarked in committee reports for the Bureau 
of Indian Affairs and the Indian Health Service by Public Laws 
103-138, 103-332, 104-134, 104-208, 105-S3, 105-277, 106-113, 
106-291, 107-63, 108-7, and 108-108 for payments to tribes and 
tribal organizations for contract support costs associated with self- 
determination or self-governance contracts, grants, compacts, or 
annual funding agreements with the Bureau of Indian Affairs or 
the Indian Health Service as funded by such Acts, are the total 
amounts available for fiscal years 1994 through 2004 for such 



294 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3095 



Reports. 



Contracts. 
State listing. 



public knowledge, education, understanding, and appreciation of 
the arts. 

(d) With funds appropriated by this Act to carry out section 
5 of the National Foundation on the Arts and Humanities Act 
of 1965— 

(1) the Chairperson shall establish a grant category for Grants 
projects, productions, workshops, or programs that are of 
national impact or availability or are able to toiu* several States; 

(2) the Chairperson shall not make grants exceeding 15 
percent, in the aggregate, of such funds to any single State, 
excluding grants made under the authority of paragraph (1); 

(3) uie Chairperson shall report to the Congress annually 
and by State, on grants awarded by the Chairperson in each 
grant category under section 5 of such Act; and 

(4) the Chairperson shall encoiu-age the use of grants to 
improve and support community-based music performance and 
education. 
Sec. 312. No part of any appropriation contained in this Act 

shall be expended or obligated to complete and issue the 5-year 
program under the Forest and Rangeland Renewable Resources 
Planning Act. 

Sec. 313. None of the fVmds in this Act may be used to support 
Government-wide administrative ftmctions uiiless such functions 
are justified in the budget process and funding is approved by 
the House etnd Senate Committees on Appropriations. 

Sec. 314. Notwithstanding any other provision of law, for fiscal 
year 2005 the Secretaries of Agriculture and the Interior are author- 
ized to limit competition for watershed restoration project contracts 
as part of the "Jobs in the Woods" Program established in Region 
10 of the Forest Service to individuals and entities in historically 
timber-dependent areas in the States of Washington, Oregon, 
northern California, Idaho, Montana, and Alaska that have been 
affected by reduced timber harvesting on Federal lands. The Secre- 
taries shall consider the benefits to the local economy in evaluating 
bids and designing procurements which create economic opportuni- 
ties for local contractors. 

Sec. 315. Amounts deposited during fiscal year 2004 in the 
roads and trails fimd provided for in the 14th paragraph under 
the heading "FOREST SERVICE" of the Act of March 4, 1913 
(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of 
Agriculture, without regard to the State in which the amounts 
were derived, to repair or reconstruct roads, bridges, and trails 
on National Forest System lands or to cany out and administer 
projects to improve forest health conditions, which may include 
the repair or reconstruction of roads, bridges, and trails on National 
Forest System lands in the wildland-community interface where 
there is an abnormally high risk of fire. The projects shall empha- 
size reducing risks to human safety and public health and property 
and enhancing ecological functions, long-term forest productivity, 
and biological integrity. The projects may be completed in a subse- 
quent fiscal year. Funds shall not be expended under this section 
to replace fxmds which would otherwise appropriately be expended 
fi*om the timber salvage sale fund. Nothing m this section shall 
be construed to exempt any project fix)m any environmental law. 

Sec. 316. Other than in emergency situations, none of the 
fiinds in this Act may be used to operate telephone answering 
machines during core business hours unless such tinswering 



295 



118 STAT. 3096 PUBLIC LAW 108-447— DEC. 8, 2004 

machines include an option that enables callers to reach promptly 
an individual on-duty with the agency being contacted. 

Sec. 317. No timber sale in Region 10 shall be advertised 
if the indicated rate is deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar. Program accomplishments shall be based on volume sold. 
Should Region 10 sell, in the current fiscal year, the annual average 
portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan in sales which are not 
deficit when appraised using a residual value approach that assigns 
domestic Alaska values for western redcedar, all of the western 
redcedar timber from those sales which is surplus to the needs 
of domestic processors in Alaska, shall be made available to 
domestic processors in the contiguous 48 United States at prevailing 
domestic prices. Should Region 10 sell, in the current fiscal year, 
less than the annual average portion of the decadal allowable 
sale quantity called for in the Tongass Land Management Plan 
in sales which are not deficit when appraised using a residu£Q 
value approach that assigns domestic Alaska values for western 
redcedar, the volume of western redcedar timber available to 
domestic processors at prevailing domestic prices in the contiguous 
48 United States shall be that volume: (1) which is sxuplus to 
the needs of domestic processors in Alaska; and (2) is that percent 
of the surplus western redcedar volume determined by calculating 
the ratio of the total timber volume which has been sold on the 
Tongass to the annvial average portion of the decadal allowable 
sale quantity called for in the current Tongass Land Management 
Plan. The percentage shall be calculated by Region 10 on a rolling 
basis as each sale is sold (for purposes of this amendment, a 
"rolling basis" shall mean that the determination of how much 
western redcedar is eligible for sale to various markets shall be 
made at the time each sale is awarded). Western redcedar shall 
be deemed "svuplus to the needs of domestic processors in Alaska" 
when the timber sale holder has presented to the Forest Service 
documentation of the inability to sell western redcedar logs from 
a given sale to domestic Alaska processors at a price equal to 
or greater th£in the log selling value stated in the contract. All 
additional western redcedar volume not sold to Alaska or contiguous 
48 United States domestic processors mav be exported to foreign 
markets at the election of the timber sale holder. AH Alaska yellow 
cedar may be sold at prevailing export prices at the election of 

Sec. 318. Section 3 of the Act of June 9, 1930 (commonly 
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
amended — 

(1) by striking "The Secretary of Agriculture may, when 
in his" and inserting "(a) The Secretary of Agriculture may, 
when in his or her"; 

"(b) Amounts deposited under subsection (a)"; 

(2) by striking "may direct:" and all that follows through 
"That the Secretary of Agriculture" and inserting "may direct. 
The Secretary of Agriculture"; and 

(3) by adding at the end the following new subsection: 
"(c) Any portion of the balance at the end of a fiscal year 

in the special fund estabUshed pursuant to this section that the 
Secretary of Agriculture determines to be in excess of the cost 
of doing work described in subsection (a) (as well as any poilion 



296 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3097 

of the balance in the special fund that the Secretary determined, 
before October 1, 2004, to be excess of the cost of doing work 
described in subsection (a), but which has not been transferred 
by that date) shall be transferred to miscellaneous receipts, National 
Forest Fund, as a National Forest receipt, but only if the Secretary 
also determines that — 

"(1) the excess amounts will not be needed for emergency 

wildfire suppression during the fiscal year in which the transfer 

would be made; and 

"(2) the amount to be transferred to miscellaneous receipts, 

National Forest Fund, exceeds the outstanding balance of 

imreimbursed funds transferred from the special fund in prior 

fiscal years for wildfire suppression.". 

Sec. 319. A project undertaken by the Forest Service under i6USC460/-6a 
the Recreation Fee Demonstration Program as authorized by section ^^• 
315 of the Department of the Interior and Related Agencies Appro- 
priations Act for Fiscal Year 1996, as amended, shall not result 
in — 

(1) disnlacement of the holder of an authorization to provide 
commercial recreation services on Federal lands. Prior to initi- 
ating any project, the Secretary shall consult with potentially 
affected holders to determine what impacts the project may 
have on the holders. Any modifications to the authorization 
shall be made within the terms and conditions of the authoriza- 
tion and authorities of tiie impacted agency; and 

(2) the return of a commercial recreation service to the 
Secretary for operation when such services have been provided 
in the past by a private sector provider, except when — 

(A) the private sector provider fails to bid on such 
opportunities; 

(B) the private sector provider terminates its relation- 
ship Mdth the agency; or 

(C) the agency revokes the permit for non-compliance 
with the terms and conditions of the authorization. 

In such cases, the agency may use the Recreation Fee Demonstra- 
tion Program to provide for operations until a subsequent operator 
can be found through the offering of a new prospectus. 

Sec. 320. Prior to October 1, 2005, the Secretary of Agriculture 16 USC 1604 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) °o*®. 
of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604(f)(5XA)) solely because more than 15 years 
have passed without revision of tixe plan for a unit of the National 
Forest System. Nothing in this section exempts the Secretary from 
any other requirement of the Forest and Rangeland Renewable 
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
law: Provided, That if the Secretsuy is not acting expeditiously 
and in good faith, within the funding available, to revise a plan 
for a unit of the National Forest System, this section shall be 
void with respect to such plan and a court of proper jurisdiction 
may order completion of the plan on an accelerated basis. 

Sec. 321. No fiinds provided in this Act may be expended 
to conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) wdthin the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 
existed on January 20, 2001, except where such activities are 



297 



118 STAT. 3098 PUBLIC LAW 108-447— DEC. 8, 2004 

allowed under the Presidential proclamation establishing such 
moniunent. 

Sec. 322. Extension of Forest Service Conveyances Pilot 
Program. — Section 329 of the Department of the Interior and 
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; 
Public Law 107-63) is amended— 

(1) in subsection (b), by striking "30" and inserting "40"; 

(2) in subsection (c) by striking "8" and inserting "13"; 
and 

(3) in subsection (d), by striking "2007" and inserting 
"2008". 

Sec. 323. Section 3(c) of the Harriet Tubman Special Resource 
Study Act (PubUc Law 106-516; 114 Stat. 2405) is amended by 
striking "section 8 of section 8" and inserting "section 8.". 

Sec. 324. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 
1856m) the Secretary of Agriculture and the Secretary of the 
Interior are authorized to enter into reciprocal agreements in which 
the individuals furnished imder said agreements to provide wildfire 
services are considered, for purposes of tort liability, employees 
of the coimtry receiving said services when the individuals are 
engaged in fire suppression: Provided, That the Secretary of Agri- 
culture or the Secretary of the Interior shall not enter into any 
agreement under this provision unless the foreign country (either 
directly or through its fire organization) agrees to assume any 
and all liability for the acts or omissions of American firefighters 
engaged in firefighting in a foreign country: Provided further, That 
when an agreement is reached for furnishing fire fighting services, 
the only remedies for acts or omissions committed while fighting 
fires shall be those provided under the laws of the host country, 
and those remedies shall be the exclusive remedies for any claim 
arising out of fighting fires in a foreign country: Provided further. 
That neither the sending country nor any legal organization associ- 
ated with the firefighter shall be subject to any legal action whatso- 
ever pertaining to or arising out of the firefighter's role in fire 
suppression. 

Sec. 325. Notwithstanding any other provision of law or regula- 
tion, to promote the more eflicient use of the health care funding 
allocation for fiscal year 2005, the Eagle Butte Service Unit of 
the Indian Health Service, at the request of the Cheyenne River 
Sioux Tribe, may pay base salary rates to health professionals 
up to the highest grade and step available to a physician, phar- 
macist, or other health professional and may pay a recruitment 
or retention bonus of up to 25 percent above the base pay rate. 

Sec. 326. None of the funds made available in this Act may 
be trfuisferred to any department, agency, or instrumentality of 
the United States Government except pursuant to a transfer made 
by, or transfer authority provided in, this Act or any other appro- 
priations Act. 

Sec. 327. None of the funds in this Act may be used to prepare 
or issue a permit or lease for oil or gas drilling in the Finger 
Lakes National Forest, New York, during fiscal year 2005. 

Sec. 328. In awarding a Federal contract with funds made 
available by this Act, the Secretary of Agriculture and the Secretary 
of the Interior (the "Secretaries") may, in evaluating bids and 
proposals, give consideration to local contractors who are from, 



298 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3099 

and who provide employment and training for, dislocated and dis- 
placed workers in an economically disadvantaged rural community, 
including those historically timber-dependent areas that have been 
affected by reduced timber harvesting on Federal lands and other 
forest-dependent rural commimities isolated from significant alter- 
native emplojnment opportunities: Provided, That notwithstanding 
Federal Government procurement and contracting laws the Secre- 
taries may award contracts, grants or cooperative agreements to 
local non-profit entities, Youth Conservation Corps or related part- 
nerships with State, local or non-profit youth groups, or small 
or disadvantaged business: Provided further, That the contract, 
grant, or cooperative agreement is for forest hazardous fiiels reduc- 
tion, watershed or water quahty monitoring or restoration, wildlife 
or fish population monitoring, or habitat restoration or manage- 
ment: Provided further, That the terms "rural community" and 
"economically disadvantaged" shall have the same meanings as 
in section 2374 of PuWic Law 101-624: Provided further. That 
the Secretaries shall develop guidance to implement this section: 
Provided further. That nothing in this section shall be construed 
as relieving the Secretaries of any duty under applicable procure- 
ment laws, except as provided in this section. 

Sec. 329. No funds appropriated in this Act for the acquisition 
of lands or interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation without the 
approval of the House and Senate Committees on Appropriations: 
Provided, That this provision shall not apply to funds appropriated 
to implement the Everglades National Park Protection and Expan- 
sion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes. 

Sec. 330. Section 338 of Public Law 108-108 is amended by 117 Stat. 1314 
striking "2003" and inserting "2004". 

Sec. 331. Section 315 of the Department of the Interior and 
Related Agencies Appropriations Act, 1996 (as contained in section 
101(c) of PubUc Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 4601- 
6a note), is amended — 

(1) in subsection (b), by inserting "subject to subsection 
(g) but" before "notwithstanding" in the matter preceding para- 
graph (1); and 

(2) by adding at the end the following new subsection: 
"(g) The Secretary of Agriculture may not charge or collect 

fees under this section for the following: 

"(1) Admission to a unit of the National Forest System 
(as defined in section 11(a) of the Forest and Rangeland Renew- 
able Resources Planning Act of 1974 (16 U.S.C. 1609(a)). 

"(2) The use either singly or in any combination, of the 
following — 

"(A) undesignated parking along roads; 
"(B) overlook sites or scenic puUouts; 
"(C) information ofiices ana centers that only provide 
general area information and limited services or interpre- 
tive exhibits; and 

"(D) dispersed areas for which expenditures in facilities 

or services are limited.". 

Sec. 332. (a) Limitation on Competitive Sourcing Studies.— 

(1) Of the funds made avaflable by this or any other Act 

to the Depaittnent of Energy or the Department of the Interior 



299 



118 STAT. 3100 PUBLIC LAW 108-447— DEC. 8, 2004 

for fiscal year 2005, not more than the maximum amotmt 
specified in paragraph (2) may be used by the Secretary of 
Energy or the Secretary of the Interior to initiate or continue 
competitive sourcing studies in fiscal year 2005 for programs, 
projects, and activities for which funds are appropriated by 
this Act until such time as the Secretary concerned submits 
a reprogramming proposal to the Committees on Appropriations 
of the Senate and the House of Representatives, and such 
proposal has been processed consistent with the reprogramming 
guidelines in House Report 108-330. 

(2) For the purposes of paragraph (1) the maximima 
amoimt — 

(A) with respect to the Department of Energy is 
$500,000; and 

(B) with respect to the Department of the Interior 
is $3,250,000. 

(3) Of the funds appropriated by this Act, not more than 
$2,000,000 may be used in fiscal year 2005 for competitive 
sourcing studies and related activities by the Forest Service, 
(b) Competitive Sourcing Study Defined.— In this section, 

the term "competitive sourcing study" means a study on subjecting 
work performed by Federal Government employees or private con- 
tractors to public-private competition or on converting the Federal 
Government employees or the work performed by such employees 
to private contractor performance vmder the Office of Management 
and Budget Circular A-76 or any other administrative regulation, 
directive, or poUcy. 
31 use 501 note. (c) Section 340(b) of Public Law 108-108 is hereby repealed. 

(d) CoMPETmvE Sourcing Exemption for Forest Service 
Studies Conducted Prior to Fiscal Year 2005.— Notwith- 
standing requirements of Office of Management and Budget Cir- 
cular A-76, Attachment B, the Forest Service is hereby exempted 
fi'om implementing the Letter of Obligation and post-competition 
accountability guidelines where a competitive sourcing study 
involved 65 or fewer full-time equivalents, the performance decision 
was made in favor of the agency provider; no net savings was 
achieved by conducting the study, and the study was completed 
prior to the date of this Act. 

(e) In preparing any reports to the Committees on Appropria- 
tions on competitive sourcing activities, agencies funded in this 
Act shall include the incremental cost directly attrib utable to con- 
ducting the competitive sourcing competitions, including costs 
attributable to pajdng outside consultants and contractors and, 
in accordance with fiiU cost accounting principles, all costs attrib- 
utable to developing, implementing, supporting, managing, moni- 
toring, and reporting on competitive sourcing, including personnel, 
consultant, travel, and training costs associated with program 
management. 

Sec. 333. Estimated overhead charges, deductions, reserves 
or holdbacks from programs, projects and activities to support 
govemmentwide, departmental, agency or biu-eau administrative 
functions or headquarters, regional or central office operations shall 
be presented in annual budget justifications. Changes to such esti- 
mates shall be presented to the Committees on Appropriations 
for approval. 



300 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3105 

Sec. 344. Notwithstanding any other provision of law and using Deadline, 
funds previously appropriated for such purpose under Public Law Real property. 
106-291 ($1,630,000) and Public Law 10&-199 ($2,300,000), the 
National Park Service shall (1) not later than 60 days after enact- 
ment of this section purchase the seven parcels of real property 
in Seward, Alaska identified by ICenai Peninsula tax identification 
numbers 14910001, 14910002, 14911033, 14913005, 14913020, 
14913007, and 14913008 that have been selected for the administra- 
tive complex, visitor facility, plaza and related parking for the 
Kenai Fjords National Park and Chugach National Forest which 
shall here£ifl«r be known as the Mary Lowell Center; and (2) 
transfer to the City of Seward any remaining balance of previously 
appropriated funds not necessary for property acqvusition and 
design upon the vacation by the City of Seward of Washington 
Street between 4th Avenue and 5th Avenue and transfer of title 
of the appropriate portions thereof to the Federal Government, 
provided that the City of Seward uses any such fvmds for the 
related waterfront planning, pavilions, boardwalks, trails, or related 
purposes that compliment the new Federal facility. 

Sec. 345. Section 331, of Public Law 100-113, is amended— 16 USC 497 note. 

(1) in part (a) by striking "2004" and inserting "2005"; 
and 

(2) in part (b) by striking "2004" and inserting "2005". 
Sec. 346. Federal Building, Sandpoint, Idaho, (a) Defini- 
tions. — In this section: 

(1) Administrator. — ^The term "Administrator" means the 
Administrator of General Services. 

(2) Map. — ^The term "raaj^" means the map that is — 

(A) entitled "Sandpoint Federal Building"; 

(B) dated September 12, 2002; and 

(C) on file in — 

(i) the Office of the Chief of the Forest Service; 
and 

(ii) the OfiBce of the Supervisor, Idaho National 
Forests, Coeur d'Alene, Idaho. 

(3) Property. — The term "property" means the Sandpoint 
Federal Building and approximately 3.17 acres of land in 
Semdpoint, Idaho, as depicted on the map. 

(4) Secretary. — ^The term "Secretary" means the Secretary 
of Agriculture, acting through the Chief of the Forest Service. 

(b) Conveyance of Property.— 

(1) In general.— Notwithstanding subtitle I of title 40, 
United States Code, the Administrator may convey to the Sec- 
retary, all right, title, and interest of the United States in 
and to the property. 

(2) Conditions. — The conveyance of the property under 
paragraph (1) shall be on a noncompetitive basis, for consider- 
ation, and subject to any other terms and conditions to which 
the Administrator and the Secretary may agree, including a 
purchase period with multiple payments over multiple fiscal 
years. 

(3) Source of funds. — ^The Secretary may use amounts 
made available to the Forest Service for any of fiscal years 
2005 through 2010 to acquire the property under paragraph 
(1). 

(c) Sale or Exchange of Property.— 



301 



118 STAT. 3106 PUBLIC LAW 108-447— DEC. 8, 2004 

(1) In general. — Subject to paragraph (2), the Secretary 
may use, maintain, lease, sublease, sell, or exchange all or 
part of the property. 

(2) Terms. — ^Tlie sale or exchange of the property under 
paragraph (1) shall be for market value and subject to such 
terms as the Secretary determines to be in the public interest. 

(3) Method of sale or exchange.— The sale or exchange 
of the property under paragraph (1) may be on a competitive 
or noncompetitive basis. 

(4) Consideration. — Consideration for the sale or 
exchange of the property may be in the form of cash, land, 
or improvements (including improvements to be constructed 
after tne date of the sale or exchamge). 

(3) Disposition and use of proceeds.— 

(A) Disposition of proceeds.— The Secretary shall 
deposit the proceeds derived from any lease, sublease, sale, 
exchange, or any other use or disposition of the property 
in the fund established by Public Law 90-171 (commonly 
known as the "Sisk Act") (16 U.S.C. 484a). 

(B) Use of proceeds. — ^Amounts deposited under 
subparagraph (A) shall be available to the Secretary, with- 
out further appropriation, until expended, for the construc- 
tion and maintenance of Forest Service offices and related 
facilities on National Forest System land in the vicinity 
of Sandpoint, Idaho. 

Chris Zsnicek Sec. 347. (a) SHORT TiTLE.— This section may be cited as the 

Memorial Land "Chris Zajicek Memorial Land Exchange Act of 2004". 

Exchange Act of (^j) NATIONAL FOREST SYSTEM LAND EXCHANGE IN THE STATE 

OF FLORIDA.— 

(1) In GENERAL. — ^Notwithstanding the effect of the wildfire 
known as the "Impassable 1 Fire" on the value of the land 
to be exchanged, tne Secretary of Agriculture (acting through 
the Chief of the Forest Service) may carry out the exchange 
agreement entered into by the Forest Service and the Board 
of Trustees of the Internal Improvement Trust Fund of the 
State of Florida and dated March 5, 2004. 

(2) Valuation. — For purposes of determining the value 
of the land to be exchanged imder paragraph (1), the value 
of the land shall be considered to be the value of the land 
determined by the appraisal conducted on August 21, 2003. 

Grey Towers Sec. 348. (a) SHORT TITLE.— This section may be cited as the 

National ffistoric "Grey Towers National Historic Site Act of 2004". 

Peni^TOi^a ^^^ FINDINGS; PURPOSES; DEFINITIONS.— 

16 use 461 note. (D FINDINGS. — Congress finds the following: 

James Pinchot. (A) James and Mary Pinchot constructed a home and 

Mary Pinchot. estate that is known as Grey Towers in MUford, Pennsyl- 

vania. 

(B) James and Mary Pinchot were also the progenitors 
of a family of notable accomplishment in the history of 
the Commonwealth of Pennsylvania and the Nation, in 
particular, their son, Gifford Pmchot. 
Gilford Pinchot. (C) Gifford Pinchot was the first Chief of the Forest 

Service, a major influence in formulating and implementing 
forest conservation policies in the early 20th Century, and 
twice Governor of Pennsylvania. 

(D) During the early 20th century, James and GiflFord 
Pinchot used Grey Towers and the environs to establish 



302 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3107 



Gifibrd Bryce 
Pinchot. 
Cornelia Pinchot. 



scientific forestry, to develop conservation leaders, and to 
formulate conservation principles, thus making this site 
one of the primary birthplaces of the American conservation 
movement. 

(E) In 1963, Gifford Bryce Pinchot, the son of GifFord 
and Cornelia Pinchot, donated Grey Towers and 102 acres 
to the Nation. 

(F) In 1963, President John F. Kennedy dedicated the John F. Kennedy, 
Pinchot Institute for Conservation for the greater knowl- 
edge of land and its uses at Grey Towers National Historic 
Landmark, thereby establishing a partnership between the 

public and private sectors. 

(G) Grey Towers today is a place of historical signifi- 
cance where leaders in natural resource conservation meet, 
study, and share ideas, analyses, values, and philosophies, 
and is also a place where the public can learn and appre- 
ciate our conservation heritage. 

(H) As established by President Kennedy, the Pinchot 
Institute for Conservation, and the Forest Service at Grey 
Towers operate through an established partnership in 
developing and delivering programs that carry on Gifford 
Pinchot's conservation legacy. 

(I) Grey Towers and associated structures in and 
around MiUbrd, Pennsylvania, can serve to enhance 
regfional recreational and educational opportunities. 

(2) Purposes. — ^The purposes of this section are as follows: 

(A) To honor and perpetuate the memory of Gifford 
Pinchot. 

(B) To promote the recreational and educational 
resources of Milford, Pennsylvania, and its environs. 

(C) To authorize the Secretary of Agriculture — 

(i) to further the scientific, poUcy analysis, edu- 
cational, and cultural programs in natural resource 
conservation at Grey Towers; 

(ii) to manage the property and environs more 
efficiently and effectively; and 

(iii) to further collaborative ties with the Pinchot 
Institute for Conservation, and other Federal, State, 
and local agencies with shared interests. 

(3) Definitions. — For the purposes of this section: 

(A) Associated properties.— The term "Associated 
Properties" means lands and improvements outside of the 
Grey Towers National Historic Landmark within Pike 
Coimty, Pennsylvania, and which were associated with 
James and Mary Pinchot, the Yale School of Forestry, 
or the Forest Service. 

(B) Grey towers.— The term "Grey Towers" means 
the buildings and surrounding area of approximately 303 
acres, including the 102 acres donated in 1963 to the United 
States and so designated that year. 

(C) Historic site.— The term "Historic Site" means 
the Grev Towers National Historic Site, as so designated 
by this Act. 

(D) Pinchot institute.— The term "Pinchot Institute" 
means the Pinchot Institute for Conservation, a nonprofit 
corporation established under the laws of the District of 
Columbia. 



303 



118 STAT. 3108 PUBLIC LAW 108-447— DEC. 8, 2004 

(E) Secretary.— The term "Secretary" means the Sec- 
retary of Agriculture. 

(c) Designation of National Historic Site.— Subject to valid 
existing rights, all lands and improvements formerly encompassed 
within the Grey Towers National Historic Landmark are designated 
as the "Grey Towers National Historic Site". 

(d) Administration.— 

(1) Purposes. — The Historic Site shall be administered 
for the following pvirposes: 

(A) Education, public demonstration projects, and 
research related to natural resource conservation, protec- 
tion, management, and use. 

(B) Leadership development within the natural 
resource professions and the Federal civil service. 

(C) Continuing Gifford Pinchot's legacy through pursuit 
of new ideas, strategies, and solutions to natur^ resource 
issues that include economic, ecological, and social values. 

(D) Preservation, use, and maintenance of the 
bmldings, grounds, facilities, and archives associated with 
Gifford Pinchot. 

(E) Study and interpretation of the life and works 
of Gifford Pinchot. 

(F) Pubhc recreation and enjoyment. 

(G) Protection and enjoyment of the scenic and natural 
environs. 

National Forest (2) APPLICABLE LAWS. — ^The Secretary shall administer fed- 

§'ste™- J erally owned lands and interests in lands at the Historic Site 

and Associated Properties as components of the National Forest 
System in accordance with this Act, 16 U.S.C. 461 et seq. 
and other laws generally applicable to the administration of 
national historic sites, and the laws, rules, and regulations 
appUcable to the National Forest System, except that the Forest 
and Rangeland Renewable Resources Plaiming Act of 1974 
(16 U.S.C. 1600 et seq.) shall not apply. 

(3) Land acquisition.— The Secretary is authorized to 
acquire, on a willing seller basis, by purcheise, donation, 
exchange, or otherwise, privately owned lands and interests 
in lands, including improvements, within the Historic Site and 
the Associated Properties, using donated or appropriated funds. 

(4) Gifts.— 

(A) Accepted by entities other than the sec- 
retary. — Subject to such terms and conditions as the Sec- 
retary may prescribe, any public or private agency, 
organization, institution, or individual may solicit, accept, 
and administer private gifts of money and real or personal 
property for the benefit of or in connection with, the activi- 
ties and services at the Historic Site. 

(B) Accepted by the secretary.— Gifts may be 
accepted by the Secretary for the benefit of or in connection 
with, the activities and services at the Historic Site not- 
withstanding the fact that a donor conducts business with 
or is regulated by the Department of Agricxilture in any 
capacity. 

(e) Cooperative Authorities.— 
(1) Grants, contracts, and cooperative agreements.— 

The Secretary is authorized to enter into Agreements for ^ants, 
contracts, and cooperative agreements as appropriate with the 



Public lands. 



304 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3109 



Pinchot Institute, public and other private agencies, organiza- 
tions, institutions, and individuals to provide for the develop- 
ment, administration, maintenance, or restoration of land, 
facilities, or Forest Service programs at Grey Towers or to 
otherwise further the purposes of this section. 

(2) lNTERDEPARTMENTAL.~The Secretary and the Secretary 
of the Interior are authorized and encouraged to cooperate 
in promoting public use and enjoyment of Grey Towers and 
the Delaware Water Gap National Recreation Area and in 
otherwise furthering the administration and purposes for which 
both areas were designated. Such cooperation may include co- 
location and use of facihties within Associated Properties and 
elsewhere. 

(3) Other. — ^The Secretary may authorize use of the 
grounds and facilities of Grey Towers by the Pinchot Institute 
and other participating partners including Federal, State, and 
local agencies, on such terms and conditions as the Secretary 
may prescribe, including the waiver of special use authoriza- 
tions and the waiver of rental and use fees. 

(0 Funds.— 

(1) Fees and charges. — The Secretary may impose reason- 
able fees and charges for admission to and use of facilities 
on Grey Towers. 

(2) Special fund. — ^Any monies received by the Forest 
Service in administering Grey Towers shall be deposited into 
ttie Treasvuy of the United States and covered in a special 
fund called the Grey Towers National Historic Site Fund. 
Monies in the Grey Towers National Historic Site Fund shall 
be available until expended, without further appropriation, for 
support of programs of Grey Towers, and any other expenses 
incurred in the administration of Grey Towers. 

(g) Map. — The Secretary shall produce and keep for public 
inspection a map of the Historic Site and associated properties 
within Pike County, Pennsylvania, which were associated with 
James and Mary Pinchot, the Yale School of Forestry, or the Forest 
Service. 

(h) Savings Provision.— Nothing in this section shall be 
deemed to diminish the authorities of the Secretary vmder the 
Cooperative Forestry Assistance Act or any other law pertaining 
to the National Forest System. 

Sec. 349. (a) Short Title.— This section may be cited as the 
"Montana National Forests Boundary Adjustment Act of 2004". 

(b) Definitions.— In this section: 

(1) Forests.— The term "Forests" means the Helena 
National Forest, Lolo National Forest, and Beaverhead- 
Deerlodge National Forest in the State of Montana. 

(2) Map.— The term "map" means— 

(A) the map entitled "Helena National Forest Boundary 
Adjustment Northern Region, USDA Forest Service" and 
dated September 13, 2004; 

(B) the map entitled "Lolo National Forest Boundary 
Adjustment Northern Region, USDA Forest Service" and 
dated September 13, 2004; and 

(C) the map entitled "Deerlodge National Forest 
Boundary Adjustment Northern Region USDA Forest 
Service" and dated September 13, 2004. 



Montana 
National Forests 
Boundary 
Adjustment Act 
of 2004. 



305 



118 STAT. 3110 PUBLIC LAW 108-447— DEC. 8, 2004 

(3) Secretary.— The term "Secretary" means the Secretary 
of Agriculture. 

(c) Helena, Lolo, and Beaverhead-Deerlodge National 
Forests Boundary Adjustment.— 

(1) In general. — ^The boundaries of the Forests are modi- 
fied as depicted on the maps. 

(2) Maps.— 

(A) Availability. — ^The maps shall be on file and avail- 
able for public inspection in — 

(i) the Office of the Chief of the Forest Service; 
and 

(ii) the office of the Regional Forester, Missoula, 
Montana. 

(B) Correction authority.— The Secretary may make 
technical corrections to the maps. 

(3) Administration. — ^Ai^ land or interest in land acquired 
within the boundaries of the Forests for National Forest System 
purposes shall be managed in accordance with — 

(A) the Act of March 1, 1911 (commonly known as 
the "Weeks Law") (16 U.S.C. 480 et seq.); and 

(B) the laws (including regulations) applicable to the 
National Forest System. 

(4) Land and water conservation fund.— For purposes 
of section 7 of the Land and Water Conservation jSind Act 
of 1965 (16 U.S.C. 4601-9), the boundaries of the Forests, 
as adjusted under paragraph (1), shedl be considered to be 
the boundaries of the Forests as of January 1, 1965. 

(5) Effect. — ^Nothing in this section limits the authority 
of the Secretary to a(yust the boundaries of the Forests under 
section 11 of the Act of March 1, 1911 (16 U.S.C. 521). 

Illinois. Sec. 350. In addition to amovmts provided to the Department 

Grant. of the Interior in this Act, $5,000,000 is provided for a grant 

to Kendall County, lUinois. 

TITLE IV— SUPPLEMENTAL APPROPRIATIONS FOR URGENT 
WILDLAND FIRE SUPPRESSION ACTIVITIES 

DEPARTMENT OF THE INTERIOR 

Bureau of Land MANAGEMENt 

WILDLAND fire MANAGEMENT 

For an additional amount for "Wildland Fire Management", 
$100,000,000, to remain available until expended, for urgent 
wildland fire suppression activities pursuant to section 312 of S. 
Con. Res. 95 (108th Congress) as made appUcable to the House 
of Representatives by H. Res. 649 (108th Congress) emd applicable 
to the Senate bv section 14007 of Public Law 108-287: Provided, 
That such funds shall only become available if funds provided 
for wildland fire suppression in title I of this Act will be exhausted 
imminently and the Secretary of the Interior notifies the House 
and Senate Committees on Appropriations and the House and 
Senate Committees on the Budget in writing of the need for these 
additional funds: Provided further, That such funds are also avail- 
able for repayment to other appropriation accoimts fi^m which 
Reports. funds were transferred for wildfire suppression: Provided further. 

Deadline. That cost containment measures shall be implemented within this 



306 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3111 



Applicability. 
Applicability. 



account for fiscal year 2005, and the Secretary of the Interior 
and tiie Secretary of Agriculture shall submit a joint report to 
the Committees on Appropriations of the Senate and the House 
of Representatives on such cost containment measures by December 
31, 2005: Provided further. That Public Law 108-287, title X, 
chapter 3 is amended under the heading "Department of the 
Interior, Bureau of Land Management, Wildland Fire Manage- 
ment", by striking the phrases "for fiscal year 2004" and "related Ante, p. 1012. 
to the fiscal year 2004 fire season" in the text preceding the first 
proviso. 

DEPARTMENT OF AGRICULTURE 

Forest Service 

wildland fire management 

For an additional amount for "Wildland Fire Management", 
$400,000,000, to remain available until expended, for urgent 
wildland fire suppression activities pmrsuant to section 312 of S. 
Con. Res. 95 (108th Congress) as made applicable to the House 
of Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287: Provided, 
That such funds shall only become available if funds provided 
for wildland fire suppression in title H of this Act will be exhausted 
imminently and the Secretary of Agriculture notifies the House 
and Senate Committees on Appropriations and the House and 
Senate Committees on the Budget in writing of the need for these 
additional funds: Provided further, That such fiinds are also avail- 
able for repayment to other appropriation accoimts fi"om which 
funds were transferred for wildfire suppression: Provided further, 
That cost containment measures shall oe implemented witnin this 
account for fiscal year 2005, and the Secretary of Agriculture and 
the Secretary of the Interior shall submit a joint report to the 
Committees on Appropriations of the Senate and the House of 
Representatives on such cost containment measures by December 
31, 2005: Provided further. That the Secretary of Agriculture shall 
estabUsh an independent cost-control review panel to examine and 
report on fire suppression costs for individual wildfire incidents 
that exceed $10,000,000 in cost: Provided further. That if the inde- 
pendent review panel report finds that appropriate actions were 
not taken to control suppression costs for one or more such wildfire 
incidents, then an amount equal to the aggregate estimated excess 
costs of suppressing those wildfire incidents shall be transferred 
to the Treasury from unobligated balances remaining at the end 
of fiscal year 2005 in the Wildland Fire Management account: 
Provided further, That Public Law 108-287, title X, chapter 3 
is amended under the heading "Department of Agriculture, Forest 
Service, Wildland Fire Management", by striking the phrases "for Ante, p. 1012 
fiscal year 2004" and "related to the fiscal year 2004 fire season" 
in the text preceding the first proviso. 

TITLE V 

Sec. 501. (a) AcRoss-THE-BoARD Rescissions,— There is hereby 
rescinded an amount equal to 0.594 percent of— 

(1) the budget authority provided for fiscal year 2005 for 
any discretionary account in this Act; and 



Reports. 
Deadline. 



Establishment. 
Reports. 



307 



118 STAT. 3112 



PUBLIC LAW 108-447— DEC. 8, 2004 



Applicability. 



Departments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related Agencies 
Appropriations 
Act. 2005. 
Department of 
Labor 

Appropriations 
Act, 2005. 



(2) the budget authority provided in any advance appropria- 
tion for fiscEd year 2005 ror any discretionary accotint in the 
Department of the Interior and Related Agencies Appropria- 
tions Act, 2004. 

(b) Proportionate Application. — Any rescission made by sub- 
section (a) shall be applied proportionately — 

(1) to each discretionary account and each item of budget 
authority described in subsection (a); and 

(2) within each such account and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such account or item, 
or for accounts and items not included in appropriation Acts, 
as delineated in the most recently submitted President's 
budget). 

(c) Indian Land and Water Claim Settlements.— Under the 
heading "Bureau of Indian Affairs, Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians", the across- 
the-board rescission in this section, and any subsequent across- 
the-board rescission for fiscal year 2005, shall apply only to the 
first dollar amount in the paragraph and the distribution of the 
rescission shall be at the discretion of the Secretary of the Interior 
who shall submit a report on such distribution and the rationale 
therefor to the House and Senate Committees on Appropriations. 

This division may be cited as the "Department of the Interior 
and Related Agencies Appropriations Act, 2005". 

DIVISION F— DEPARTMENTS OF LABOR, HEALTH AND 
HUMAN SERVICES, AND EDUCATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I— DEPARTMENT OF LABOR 

Employment and Training Administration 

training and employment services 

(INCLUDING rescission) 

For necessary expenses of the Workforce Investment Act of 
1998, including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other facili- 
ties, and the purchase of real property for training centers as 
authorized by such Act; $2,898,957,000 plus reimbursements, of 
which $1,885,794,000 is available for obligation for the period July 
1, 2005 through June 30, 2006; except that amounts determined 
by the Secretary of Labor to be necessary pursuant to sections 
173(a)(4XA) and 174(c) of such Act shall be available from October 
1, 2004 until expended; of which $994,242,000 is available for 
obligation for the period April 1, 2005 through June 30, 2006, 
to carry out chapter 4 of the Act; and of which $16,321,000 is 
available for the period July 1, 2005 through June 30, 2008 for 
necessary expenses of construction, rehabilitation, and acquisition 
of Job Corps centers: Provided, That notwithstanding any other 
provision oi law, of the funds provided herein under section 137(c) 
of the Workforce Investment Act of 1998, $283,371,000 shall be 
for activities described in section 132(aX2)(A) of such Act and 
$1,196,048,000 shall be for activities described in section 



308 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3341 

Sec. 426. (a) Waiveb of Requirements.— Subject to subsection 
(b), the limitation on the release of funds in section 104(g)(2) of 
the Housing and Community Development Act of 1974 (42 U.S.C. 
5304) shall not apply to the Village of Chickasaw Sewer Collection 
and Treatment System, located in the Village of Chickasaw, Mercer 
County, Ohio. 

(b) Applicability. — Subsection (a) only applies to the grant 
that was awarded to the Village of Chickasaw (Ohio Small Cities 
CDBG Grant # C-W-03-283-1), for the period beginning September 
1, 2003, and ending October 31, 2005, and in the amount of 
$600,000. 

(c) Environmental Reviews. — ^Notwithstanding the provisions 
of this section, the Village of Chickasaw must complete all appro- 
priate environment reviews in a timely manner and to the satisfac- 
tion of the State of Ohio. 

This division may be cited as the "Departments of Veterans 
Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2005". 

DIVISION J— OTHER MATTERS 

TITLE I— MISCELLANEOUS PROVISIONS AND OFFSETS Miscellaneous 

Appropriations 

Sec. 101. For an additional amount for the Department of and QfisetB Act, 
Energy for the weatherization assistance program pursuant to 42 ^°"°' . 
U.S.C. 6861 et seq. and notwithstanding section 3003(d)(2) of Public 
Law 99-509, $230,000,000, to remain available until expended. 

Sec. 102. Section 1201(a) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 
375) is amended by striking "$300,000,000" in the matter preceding Ante, p. 2077. 
paragraph (1) and inserting "$500,000,000". 

Sec. 103. (a) The District of Columbia Appropriations Act, 
2005 (Public Law 108-335) is amended as follows: 

(1) The paragraph under the heading "Capital Outlay" Artte,p. 1338. 
is amended by striking "For construction projects, an increase 

of $1,087,649,000, of which $839,898,000 shall be from local 
funds, $38,542,000 from Highway Trust funds, $37,000,000 
from the Rights-of-way funds, $172,209,000 from Federal grant 
funds, and a rescission of $361,763,000 from local fimds appro- 
priated under this heading in prior fiscal years, for a net 
amount of $725,886,000, to remain available until expended;" 
and inserting "For construction projects, an increase of 
$1,102,039,000, of which $839,898,000 shall be from local funds, 
$38,542,000 from Highway Trust funds, $51,390,000 from the 
Rights-of-way funds, $172,209,000 from Federal grant funds, 
and a rescission of $361,763,0()0 from local funds appropriated 
under this heading in prior fiscal years, for a net amount 
of $740,276,000, to remain available until expended;". 

(2) Section 340(a) is amended to read as follows: Ante, p. 1348. 
"(a) Section 603(eX3)(E) of the Student Loan Marketing Associa- 
tion Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is 
amended — 

"(1) by striking 'and' at the end of subclause (11); 
"(2) by striking the period at the end of subclause (III) 
and inserting '; and'; and 

"(3) by adding at the end the following new subclause: 



309 



118 STAT. 3344 PUBLIC LAW 108-447— DEC. 8, 2004 

Sec. 108. Notwithstanding any other provision of law, in addi- 
tion to amounts otherwise made available in the Department of 
Defense Appropriations Act, 2005 (Public Law 108-287), an addi- 
tional $2,000,000 is hereby appropriated and shall be made avail- 
able imder the heading "Snipoxiilaing and Conversion, Navy", only 
for the Secretary of the Navy for the purpose of acquiring a vessel 
with the Coast Guard registration number 225115: Provided, That 
the Secretary of the Navy shall provide for the transportation 
of the vessel from its present location: Provided further, That the 
Secretary of the Navy may lend, give, or otherwise dispose of 
the vessel at his election pvirsuant to 10 U.S.C. 2572, 7545, or 
7306, or using such procedures as the Secretary deems appropriate, 
and to such recipient as the Secretary deems appropriate, without 
regard to these provisions. 

SEC. 109. DESIGNATION OF NATIONAL TREE. 

(a) Designation.— Chapter 3 of title 36, United States Code, 
is amended by adding at the end the following: 

''f 305. National tree 

"The tree genus Quercus, commonly known as the oak tree, 
is the national ta*ee.". 

(b) Conforming Amendments.— Such title is amended— 

(1) in the table of contents for part A of subtitle I, by 
striking ", and March" and inserting "March, and Tree ; 

(2) in the chapter heading for chapter 3, by striking ", 
AND MARCH" and inserting "MARCH, AND TREE"; and 

(3) in the table of sections for chapter 3, by adding at 
the end the following: 

"305. National tree.". 

Sec. 110. Section 204(g) of the Employee Retirement Income 
Security Act of 1974, as amended (29 U.S.C. 1054(g)) shall not 
apply at any time, whether before or after the enactment of this 
section, to an amendment adopted prior to June 7, 2004, by a 
(multiemployer) pension plan covering primarily employees working 
in the State of Alaska, to the extent that such amenoment — 

(1) provides for the suspension of the payment of benefits, 
modifies the conditions unaer which the pa)anent of benefits 
is suspended, or suspends actuarial adjustaients in benefit 
payments in accordance with section 203(a)(3)(B) of said Act 
(29 U.S.C. 1053(aX3XB)) and applicable regulations; and 

(2) applies to participants who have not retired before 
the adoption of such amendment. 

Government Sec. 111. (a) The head of each Federal agency or department 

employees. shall— 

36 use 106 note. ^) provide each new employee of the agency or department 

with educational and training materials concerning the United 
States Constitution as part of the orientation materials pro- 
vided to the new employee; and 

(2) provide educational and training materials concerning 
the United States Constitution to each employee of the agency 
or department on September 17 of each year. 

(b) Each educational institution that receives Federal funds 
for a fiscal year shall hold an educational program on the United 
States Constitution on September 17 of such year for the students 
served by the educational institution. 

(c) Title 36 of the United States Code, is amended — 



310 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3345 



Applicability. 
Deadline. 



(1) in section 106 — 

(A) in the heading, by inserting "Constitution Day and" 
before "Citizenship Day"; 

(B) in subsection (a), by striking "is Citizenship Day." 
and inserting '*i8 designated as Constitution Day and Citi- 
zenship Day. ; 

(C) in subsection (b) — 

(i) by inserting "Constitution Day and" before "Citi- 
zenship Dajr"; 

(ii) by striking "commemorates" and inserting 
"commemorate"; and 

(iii) by striking "recognizes" and inserting "recog- 
nize"; 

(D) in subsection (c), tw inserting "Constitution Day 
and" before "Citizenship Day" both places such term 
appears; and 

(E) in subsection (d), bv inserting "Constitution Day 
and" before "Citizenship Day'; and 

(2) in the item relating to section 106 of the table of 
contents, by inserting "Constitution Day and" before "Citizen- 
ship Day^. 

(d) This section shall be without fiscal year limitation. 
Sec. 112. (a) Notwithstanding any other provision of law or 

any contract: (1) the rates in effect on November 15, 2004, under 
the tariff (the "tariff") required by FCC 94-116 (reduced three 
percent annually starting January 1, 2006) shall apply beginning 
45 days after the date of enactment of this Act through December 
31, 2009, to the sale and purchase of interstate SAvitched wholesale 
service elements offered by any provider originating or terminating 
anywhere in the area (the "market") described in section 4.7 of 
the tariff" (collectively the "covered services"); (2) beginning April 
1, 2005, through December 31, 2009, no provider of covered services 
may provide, and no purchaser of such services may obtain, covered 
services in the same contract with services other than those that 
originate or terminate in the market, if the covered services in 
the contract represent more than 5 percent of such contract's total 
value; and (3) revenues collected hereunder Gess costs) for calendar 
years 2005 through 2009 shall be used to support and expand 
the network in the market. 

(b) Effective on the date of enactment of this Act: (1) the Effective date, 
conditions described in FCC 95-334 and the related conditions 

imposed in FCC 94-116, FCC 95-427, and FCC 96-485; and (2) 
all pending proceedings relating to the tariff, shall terminate. There- 
after, the State regiilatory commission with jurisdiction over the 
market shall treat all interexchange carriers serving the market 
the same with respect to the provision of intrastate services, with 
the goal of reducing regulation, and shall not require such carriers 
to file reports based on the Uniform System of Accounts. 

(c) Any provider may file to enforce this section (including 
damages and injunctive relief) before the FCC (whose final order 
may be appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207 
if Uie FCC fails to issue a final order within 90 days of a filing. 
Nothing herein shall affect rate integration, carrier-of-last-resort 
obligations of any carrier or its successor, or the purchase of covered 
services by any rural telephone company (as defined in 47 U.S.C. 
153(37)), or an affihate under its control, for its provision of retail 
interstate interexchange services originating in the market. 



311 



118 STAT. 3346 



PUBLIC LAW 108-447— DEC. 8, 2004 



Sec. 113. Direct loans, credits, insurance and guarantees of 
the Export-Import Bank or its agents may be made available for 
or in Libya, notwithstanding section 507 or similar provisions in 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005, or prior acts making appropriations for 
foreign operations, export financing, and related programs, if the 
President determines that to do so is important to the national 
security interests of the United States. 
Ante. p. 444. Sec. 114. (a) Section 146 of Public Law 108-199 is amended— 

(1) by striking "section 386 of the Energy Pohcy Act of 
2003" and inserting "section 116 of division C of Puolic Law 
108-324"; 

(2) by striking ", except that u^on that Act becoming law, 
section 386 is amended through tms Act:" and inserting "and 
section 116 of division C of Public Law 108-324 is amended:"; 

(3) by striking "paragraph 386(b)(1)" and inserting "para- 
graph (bXl) of section 116 of division C of PubUc Law 108- 
324^'; 

(4) by striking "paragraph 386(c)(2)" and inserting "para- 
graph (a)(2) of section 116 of division C of Public Law 108- 
324^'; and 

(5) by striking "paragraph 386(g)(4)" and inserting "para- 
graph (g)(4) of section 116 of division C of PubUc Law 108- 
324. 

(b) Section 116 (b) of division C of Public Law 108-324, the 
Ante, p. 1226. Military Construction bill, is amended by adding a new paragraph 

as follows: 

"(4) Such loan guarantee may be utilized only by the project 

chosen by the Federal Energy Regulatory Commission as the 

qualified project.". 

Sec. 115. Any imobligated amount appropriated pursuant to 
section 353(b) of the Department of the Interior and Related Agen- 
cies Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681- 
303), snail be made available to complete the project described 
in section 353(a) of that Act. 
California. SEC. 116. (a) DESIGNATION OF NATIONAL VETERANS MEMO- 

16 use 431 note. RIAL.— The Mt, Soledad Veterans Memorial located within the 
Soledad Natural Park in San Diego, California, which consists 
of a 29 foot-taU cross and surrounding granite memorial walls 
containing plaques engraved with the names and photographs of 
veterans of the United States Armed Forces, is hereby designated 
as a national memorial honoring veterans of the United States 
Armed Forces. 
Deadline. (b) ACQUISITION AND ADMINISTRATION BY UNITED STATES.— 

Not later than 90 days after the date on which the City of San 
Diego, CaHfomia, ofifers to donate the Mt. Soledad Veterans Memo- 
rial to the United States, the Secretary of the Interior shall accept, 
on behalf of the United States, all right, title, and interest of 
the City in and to the Mt. Soledad Veterans Memorial. 

(c) Administration of Memorial.— Upon acquisition of the 
Mt. Soledad Veterans Memorial by the United States, the Secretary 
of the Interior shall administer the Mt. Soledad Veterans Memorial 
as a unit of the National Park System, except that the Secretary 
shall enter into a memorandimi of understanding with the Mt. 
Soledad Memorial Association for the continued maintenance by 
the Association of the cross and surrounding granite memorial 
walls and plaques of the Memorial. 



312 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3347 

(d) Legal Description.— The Mt. Soledad Veterans Memorial 
referred to in this section is all that portion of Pueblo lot 1265 
of the Pueblo Lands of San Diego in the City and County of 
San Diego, California, according to the map thereof prepared by 
James Pascoe in 1879, a copy of which was fQed in the office 
of the County Recorder of San Diego County on November 14, 
1921, and is known as miscellaneous map NO. 36, more particularly 
described as follows: The area bounded by the back of the existing 
inner sidewalk on top of Mt. Soledad, being also a circle with 
a radius of 84 feet, the center of which circle is located as follows: 
Begiiming at the Southwesterly comer of such Pueblo Lot 1265, 
such comer being South 17 degrees 14'33'' East (Record South 
17 degrees 14'09" East) 607.21 feet distant along the westerly 
line of such Pueblo lot 1265 from the intersection with the North 
line of La JoUa Scenic Drive South as described and dedicated 
as parcel 2 of City Council Resolution NO. 216644 adopted August 
25, 1976; thence North 39 degrees 59'24" East 1147.62 feet to 
the center of such circle. The exact bovmdaries and legal description 
of the Mt. Soledad Veterans Memorial shall be determined by 
a survey prepared jointly by the City of San Diego and the Secretary 
of the Interior. Upon acquisition of the Mt. Soledad Veterans Memo- 
rial by the United States, the boundaries of the Memorial may 
not be expanded. 

Sec. 117. Notwithstanding any other provision of law, except 
section 551 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005, $80,000,000 of the 
funds appropriated for the Department of Defense for fiscal year 
2005 may be transferred with the concurrence of the Secretary 
of Defense to the Department of State under "Peacekeeping Oper- 
ations". 

Sec. 118. In addition, for construction and related expenses 
of a facility for the United States Institute of Peace, $100,000,000, 
to remain available until expended. 

Sec. 119. Notwithstanding any other provision of law, in addi- 
tion to amounts otherwise provided in this or any other Act for 
fiscal year 2005, the following amounts are appropriated: $2,000,000 
for the Helen Keller National Center for Deaf-Blind Youths and 
Adults for activities authorized under the Helen Keller National 
Center Act; and for the Department of Health and Human Services, 
Health Resources and Services Administration, $1,000,000 for the 
Hospital for Special Surgery to establish a National Center for 
Muscxiloskeletal Research, New York, New York, for facilities and 
equipment; and for the Department of Health and Human Services, 
Health Resources and Services Administration, $1,000,000 for the 
Jesse Helms Nursing Center at Union Regional Medical Center, 
Union County, North Carolina for facilities and equipment. 

Sec. 120. In addition to any amounts provided in this or any 
other Act for fiscal year 2005, $1,000,000 is appropriated for nec- 
essanr expenses of the Bei\jamin A. Oilman Institute for Political 
and International Studies program at the State University of New 
York's Orange County Community College in Orange, New York. 

SEC. 121. WEIGHT LIMITATIONS. 

The next to the last sentence of section 127(a) of title 23, 
United States Code, is amended by striking "Interstate Route 95" 
and inserting "Interstate Routes 89, 93, and 95". 



313 



118 STAT. 3348 



PUBLIC LAW 108-447— DEC. 8, 2004 



226th 

Anniversary of 

the American 

Revolution 

Commemoration 

Act. 

36 use note 

prec. 101. 

36 use note 

prec. 101. 



Sec. 122. (a) Across-the-Board Rescissions.— There is hereby 
rescinded an amoiint equal to 0.80 percent of— 

(1) the budget authority provided (or obligation limitation 
imposed) for fiscal year 2005 for any discretionary account 
in divisions A through J of this Act and in any other fiscal 
year 2005 appropriation Act (except any fiscal year 2005 supple- 
mental appropriation Act, the Department of Homeland Secu- 
rity Appropriations Act, 2005, the Department of Defense 
Appropriations Act, 2005, or the Mihtary Construction Appro- 
priations Act, 2005); 

(2) the budget authority provided in any advance appropria- 
tion for fiscal year 2005 for any discretionary account in any 
prior fiscal year appropriation Act; and 

(3) the contract authority provided in fiscal year 2005 for 
any program subject to limitation contained in any division 
or appropriation Act subject to paragraph (1). 

(b) PROPORTIONATE APPLICATION. — Any rescission made by sub- 
section (a) shall be applied proportionately — 

(1) to each discretionary account and each item of budget 
authority described in such subsection; and 

(2) within each such accoimt and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such accoimt or item, 
or for accounts and items not included in appropriation Acts, 
as delineated in the most recently submitted President's 
budget). 

This title may be cited as the "Miscellaneous Appropriations 
and Ofifsets Act, 2005". 

TITLE n— 225TH ANNIVERSARY OF THE AMERICAN 
REVOLUTION COMMEMORATION ACT 

SEC. 201. SHORT TITLE. 

This title may be cited as the "225th Anniversary of the Amer- 
ican Revolution Commemoration Act". 

SEC. 202. FINDINGS AND PURPOSEa 

(a) FINDINGS.— Congress finds the following: 

(1) The American Revolution, inspired by the spirit of lib- 
erty and independence among the innabitants of tne original 
13 colonies of Great Britain, was an event of global significance 
having a profound and lasting effect upon American Govern- 
ment, laws, culture, society, and values. 

(2) The years 2000 through 2008 mark the 225th anniver- 
sary of the Revolutionary War. 

(3) Every generation of American citizens should have an 
opportunity to understand and appreciate the continuing legacy 
of the American Revolution. 

(4) This 225th anniversary provides an opportunity to 
enhance public awareness and understanding of^ the impact 
of the American Revolution's legacy on the lives of citizens 
today. 

(5) Although the National Park Service administers battle- 
fields, historical parks, historic sites, and programs that address 
elements of the story of the American Revolution, there is 
a need to establish partnerships that link sites and programs 



314 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3349 

administered by the National Park Service with those of other 
Federal and non-Federal entities in order to place the story 
of the American Revolution in the broad context of its causes, 
consequences, and meanings. 

(6) The story and significance of the American Revolution 
can best engage the American people through a national pro- 
gram of the National Park Service that links historic structures 
and sites, routes, activities, community projects, exhibits, and 
multimedia materials, in a manner that is both unified and 
flexible, 
(b) Purposes. — The purposes of this Act are as follows: 

(1) To recognize the enduring importance of the American 
Revolution in the lives of American citizens today. 

(2) To authorize the National Park Service to coordinate, 
connect, and facilitate Federal and non-Federal activities to 
commemorate, honor, and interpret the history of the American 
Revolution, its significance, and its relevance to the shape 
and spirit of American Government and society. 

SEC. 203, 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION 36USCnote 
COMMEMORATION PROGRAM. prec. 101. 

(a) In General. — The Secretary of the Interior (hereinafter 
in this Act referred to as the "Secretary") shall establish a program 
to be known as the "225th Anniversary of the American Revolution 
Conmaemoration" (hereinafter in this Act referred to as the "225th 
Anniversary"). In administering the 225th Anniversary, the Sec- 
retary shall — 

(1) produce and disseminate to appropriate persons edu- 
cational materials, such as handbooks, maps, interpretive 
guides, or electronic information related to the 225th Anniver- 
sary and the American Revolution; 

(2) enter into appropriate cooperative agreements and 
memoranda of understanding to provide technical assistance 
under subsection (c); 

(3) assist in the protection of resources associated with 
the American Revolution; 

(4) enhance communications, connections, and collaboration 
among the National Park Service units and programs related 
to the Revolutionary War; 

(5) expand the research base for American Revolution 
interpretation and education; and 

(6) create and adopt an official, uniform symbol or device Regulations, 
for the theme "Lighting Freedom's Flame: American Revolution, 

225th Anniversary" and issue regulations for its use. 

(b) Elements. — ^The 225th Anniversary shall encompass the 
following elements: 

(1) All units and programs of the National Park Service 
determined by the Secretary to pertain to the American Revolu- 
tion. 

(2) Other governmental and nongovenmiental sites, facili- 
ties, and programs of an educational, research, or interpretive 
nature that are docvmiented to be directly related to the Amer- 
ican Revolution. 

(3) Through the Secretary of State, the participation of 
the Governments of the United Kingdom, France, the Nether- 
lands, Spain, and Canada. 



315 



118 STAT. 3350 PUBLIC LAW 108-447— DEC. 8, 2004 

(c) Cooperative Agreements and Memoranda of Under- 
standing. — ^To achieve the purposes of this Act and to ensure 
effective coordination of the Federal and non-Federal elements of 
the 225th Anniversary with National Park Service units and pro- 
grams, the Secretary may enter into cooperative agreements and 
memoranda of understanding with, and provide technical assistance 
to, the following: 

(1) The heads of other Federal agencies, States, units of 
local government, and private entities. 

(2) In cooperation with the Secretary of State, the Govern- 
ments of the United Kingdom, France, the Netherlands, Spain, 
and Canada. 

(d) Authorization of Appropriations.— There is authorized 
to be appropriated to the Secretary to carry out this Act $500,000 
for each of fiscal years 2004 through 2009. 

Rural Air Service TITLE UI— RURAL AIR SERVICE IMPROVEMENTS 

Improvement Act 

of2004. Sec. 301. (a) Short Title.— This title may be cited as the 

39 use 101 note. "R^ral Air Service Improvement Act of 2004". 

(b) Further Amendments. — ^The amendments made by this 
section are further amendments to section 5402 of title 39, United 
States Code, including the amendments made by section 3002 of 
the 2002 Supplemental Appropriations Act for Further Recovery 
From and Response To Terrorist Attacks on the United States 
(Public Law 107-206) to that section of title 39, United States 
Code. 

(c) Existing Mainline Carriers,— Section 5402(aX10) of title 
39, United States Code, is amended by striking subparagraph (C) 
and inserting the following: 

"(C) actually engaged in the carriage, on scheduled 
service within the State of Alaska, of mainline nonpriority 
bypziss mail tendered to it under its designator code.'. 

(d) Nonpriority Bypass Mail.— Section 5402(g) of title 39, 
United States Code, is amended by striking the matter preceding 
paragraph (2) and inserting the following: 

"(g)(1)(A) The Postal Service, in selecting carriers of nonpriority 
bypass mail to any point served by more than 1 carrier in the 
State of Alaska, shall adhere to an equitable tender policy within 
a qualified group of carriers, in accordance with the regulations 
of the Postal Service, and shall, at a minimum, require that any 
such carrier — 

"(i) hold a certificate of public convenience and necessity 
issued under section 41102(a) of title 49; 

"(ii) operate at least to such point at least the number 
of scheduled flights each week established under subparagraph 
(BXi); 

"(iii) exhibit an adherence to such scheduled flights; and 

"(iv) have provided scheduled service with at least the 

number of scheduled noncontract flights each week established 

under subparagraph (B)(ii) between 2 points within the State 

of Alaska for at least 12 consecutive months with aircraft — 

"(I) up to 7,500 pounds payload capacity before being 

selected as a carrier of nonpriority bypass mail at an 

applicable intra-Alaska bush service mail rate; and 



316 



PUBUC LAW 108^47— DEC. 8, 2004 118 STAT. 3361 

SEC. 430. EFFECTIVE DATES. 8 USC 1182 note. 

(a) In General. — Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle shall take 
effect 90 days after the date of enactment of this Act. 

(b) Exceptions.— The amendments made by sections 422(b), 
426(a), and 427 shall take effect upon the date of enactment of 
this Act. 

TITLE V— NATIONAL AVIATION National 

HERITAGE AREA u^SeAr.^ 

Act. 

SEC. 601. SHORT TITLE. 16 USC 461 note. 

This title may be cited as the "National Aviation Heritage 
Area Act". 

SEC. 602. FINDINGS AND PURPOSE. 16 USC 461 note. 

(a) Findings. — Congress finds the following: 

(1) Few technological advances have transformed the world 
or our Nation's economy, society, culture, and national character 
as the development of powered flight. 

(2) The mdustrial, cultural, and natural heritage lep^acies 
of the aviation and aerospace industry in the State oi Ohio 
are nationally significant. 

(3) Dayton, Ohio, and other defined areas where the 
development of the airplane and aerospace technology estab- 
lished our Nation's leadership in both civil and military aero- 
nautics and astronautics set the foimdation for the 20tn Cen- 
tury to be an American Century. 

(4) Wright-Patterson Air Force Base in Dajiion, Ohio, is 
the birthplace, the home, and an integral part of the future 
of aerospace. 

(5) The economic strength of our Nation is connected 
integrally to the vitaHty of the aviation and aerospace industry, 
whiai is responsible for an estimated 11,200,000 American 
jobs. 

(6) The industrial and cultural heritage of the aviation 
and aerospace industry in the State of Ohio includes the social 
history and living cultural traditions of several generations. 

(7) The Department of the Interior is responsiole for pro- 
tecting and interpreting the Nation's cultural and historic 
resources, and there are significant examples of these resources 
within Ohio to merit the mvolvement of the Federal Govern- 
ment to develop programs and projects in cooperation with 
the Aviation Heritage Foundation, Incorporated, the State of 
Ohio, and other locm and governmental entities to adequately 
conserve, protect, and interpret this heritage for the educational 
and recreational benefit of this and future generations of Ameri- 
cans, while providing opportunities for education and revitaliza- 
tion. 

(8) Since the enactment of the Dayton Aviation Heritage 
Preservation Act of 1992 (Public Law 102-419), partnerships 
among the Federal, State, and local governments and the pri- 
vate sector have greatly assisted the development and preserva- 
tion of the historic aviation resources in the Miami Valley. 

(9) An aviation heritage area centered in Southwest Ohio 
is a suitable and feasible mtmagement option to increase 



317 



118 STAT. 3362 PUBLIC LAW 108-447— DEC. 8, 2004 

collaboration, promote heritage tourism, and build on the estab- 
lished partnerships among Ohio's historic aviation resources 
and related sites. 

(10) A critical level of collaboration among the historic 
aviation resources in Southwest Ohio cannot be achieved with- 
out a congressionally established national heritage area and 
the support of the National Park Service and otner Federal 
agencies which own significant historic aviation-related sites 
in Ohio. 

(11) The Aviation Heritage Foundation, Incorporated, 
would be an appropriate management entity to oversee the 
development of the National Aviation Heritage Area. 

(12) Five National Park Service and Dayton Aviation Herit- 
age Commission studies and planning documents: "Study of 
AJtematives: Dayton's Aviation Heritage", 'T)ayton Aviation 
Heritage National Historical Park Suitability/Feasibility 
Study", "Dajrton Aviation Heritage (General Management Plan , 
"Dayton Historic Resources Preservation and Development 
Plan", and Heritage Area Concept Study, demonstrated that 
sufficient historical resources exist to establish the National 
Aviation Heritage Area. 

(13) With the advent of the 100th anniversary of the first 
powered flight in 2003, it is recognized that the preservation 
of properties nationally significant in the history of aviation 
is an important goal for the fiiture education of Americans. 

(14) Local governments, the State of Ohio, and private 
sector interests have embraced the heritage area concept and 
desire to enter into a partnership with the Federal Government 
to preserve, protect, and develop the Heritage Area for public 
benefit. 

(15) The National Aviation Heritage Area would com- 
plement and enhance the aviation-related resources within the 
National Park Service, especially the Dayton Aviation Heritage 
National Historical Park, Ohio. 

(b) Purpose. — The ptirpose of this title is to establish the 
Heritage Area to — 

(1) encourage and facilitate collaboration among the facili- 
ties, sites, organizations, governmental entities, and edu- 
cational institutions within the Heritage Area to promote herit- 
age toxirism and to develop educational and cultural programs 
for the public; 

(2) preserve and interpret for the educational and inspira- 
tional benefit of present and future generations the unique 
and significant contributions to our national heritage of certain 
historic and cultural lands, structures, facilities, and sites 
within the Nationeil Aviation Heritage Area; 

(3) encourage within the National Aviation Heritage Area 
a broad range of economic opportxmities enhancing the quality 
of life for present and fiitvu-e generations; 

(4) provide a management fi-amework to assist the State 
of Ohio, its political subdivisions, other areas, and private 
organizations, or combinations thereof, in preparing and imple- 
menting an integrated Management Plan to conserve their 
aviation heritage and in developing policies and programs that 
will preserve, enhance, and interpret the cultural, historical, 
natural, recreation, and scenic resources of the Heritage Area; 
and 



318 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3363 

(5) authorize the Secretary to provide financial and tech- 
nical assistance to the State of Ohio, its poUtical subdivisions, 
and private organizations, or combinations thereof, in preparing 
and implementing the private Management Plan. 

SEC. 603. DEFINITIONS. 16 USC 461 note. 

For purposes of this title: 

(1) Board.— The term "Board" means the Board of Direc- 
tors of the Foundation. 

(2) Financial assistance.— The term "financial assistance" 
means funds appropriated by Congress and made available 
to tiie management entity for the piurpose of preparing and 
implementing the Management Plan. 

(3) Heritage area.— The term "Heritage Area" means the 
National Aviation Heritage Area estabUshed by section 104 
to receive, distribute, and account for Federal funds appro- 
priated for the piupose of this title. 

(4) Management plan. — ^The term "Management Plan" 
means the management plan for the Heritage Area developed 
under section 106. 

(5) Management enttty.— The term "management entity" 
means the Aviation Heritage Foundation, Incorporated (a non- 
profit corporation established under the laws of the State of 
Ohio). 

(6) Partner. — The term "partner" means a Federal, State, 
or local governmental entity, organization, private industry, 
educational institution, or individual involved in promoting the 
conservation and preservation of the cultural and natural 
resources of the Heritage Area. 

(7) Secretary. — ^The term "Secretary" means the Secretary 
of the Interior. 

(8) Technical assistance.— The term "technical assist- 
ance" means any guidance, advice, help, or aid, other than 
financial assistance, provided by the Secretary. 

SEC. 504. NATIONAL AVIATION HERITAGE AREA. 16 USC 461 note. 

(a) Establishment. — ^There is established in the States of Ohio Ohio, 
and Indiana, the National Aviation Heritage Area. Indiana. 

(b) Boundaries.- The Heritage Area shall include the fol- 
lowing: 

(1) A core area consisting of resources in Montgomery, 
Greene, Warren, Miami, Clark, Champaign, Shelby, and 
Auglaize Counties in Ohio. 

(2) The Neil Armstrong Air & Space Museum, Wapakoneta, 
Ohio. 

(3) Sites, buildings, and districts within the core area rec- 
ommended by the Management Plan. 

(c) Map. — ^A map of the Heritage Area shall be included in 
the Management Plan. The map sh£ill be on file in the appropriate 
offices of the National Park Service, Department of the Interior. 

(d) Management Entity.— The management entity for the 
Heritage Area shall be the Aviation Heritage Foundation. 

SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. 16 USC 461 note. 

(a) Authorities. — For purposes of implementing the Manage- 
ment Plan, the management entity may use Federal funds made 
available through this title to — 



319 



118 STAT. 3364 



PUBLIC LAW 108-447— DEC. 8, 2004 



Reports. 
Deadlines. 



(1) make grants to, and enter into cooperative agreements 
with, the State of Ohio and political subdivisions of that State, 
private organizations, or any person; 

(2) hire and compensate staff; and 

(3) enter into contracts for goods and services. 

(b) Duties. — ^The management entity shall — 

(1) develop and submit to the Secretary for approval the 
proposed Management Plan in accordance with section 106; 

(2) give priority to implementing actions set forth in the 
Management Plan, including taking steps to assist units of 
government and nonprofit orgsinizations in preserving resources 
within the Heritage Area; 

(3) consider the interests of diverse governmental, business, 
and nonprofit groups within the Heritage Area in developii^ 
and implementing the Management Plan; 

(4) maintain a collaboration among the partners to promote 
heritage tovuism and to assist partners to develop educational 
and cultural programs for the public; 

(5) encourage economic viability in the Heritage Area con- 
sistent with the goals of the Management Plan; 

(6) assist units of government and nonprofit organizations 
in — 

(A) establishing and maintaining interpretive exhibits 
in the Heritage Area; 

(B) developing recreational resources in the Heritage 
Area; 

(C) increasing public awareness of and appreciation 
for the historical, natural, and architectural resources and 
sites in the Heritage Area; and 

(D) restoring historic buildings that relate to the pur- 
poses of the Heritage Area; 

(7) conduct pubUc meetings at least quarterly regarding 
the implementation of the Management Plan; 

(8) submit substantial amendments to the Management 
Plan to the Secretary for the approval of the Secretary; and 

(9) for any year in which Federal funds have been received 
under this title — 

(A) submit an annual report to the Secretary that 
sets forth the accomplishments of the management entity 
and its expenses and income; 

(B) make available to the Secretary for audit all records 
relating to the expenditure of such fund^ and any matching 
funds; and 

(C) require, with respect to aU agreements authorizing 
expenditure of Federal funds by other organizations, that 
the receiving organizations make available to the Secretary 
for audit all records concerning the expenditure of such 
fiinds. 

(c) Use of Federal Funds.— 

(1) In general. — ^The management entity shall not use 
Federal funds received under this title to acquire real property 
or an interest in real property. 

(2) Other sources. — ^Nothing in this title precludes the 
management entity from using Federal funds from other 
soxirces for authorized purposes. 



320 



PUBLIC LAW 108-447— DEC. 8, 2004 



118 STAT. 3365 



SEC. 506. MANAGEMENT PLAN. 



16 use 461 note. 



(a) Preparation of Plan.— Not later than 3 years after the Deadline, 
date of the enactment of this title, the management entity shall 
submit to the Secretary for approval a proposed Management Plan 

that shall take into consideration State and local plans and involve 
residents, public agencies, and private organizations in the Heritage 
Area. 

(b) Contents. — ^The Management Plan shall incorporate an 
integrated and cooperative approach for the protection, enhance- 
ment, and interpretation of the natural, cultural, historic, scenic, 
and recreational resources of the Heritage Area and shall include 
the following: 

(1) An inventory of the resources contained in the core 
area of the Heritage Area, including the Dayton Aviation Herit- 
age Historical Park, the sites, buildings, and districts listed 
in section 202 of the Dayton Aviation Heritage Preservation 
Act of 1992 (Public Law 102-419), and any other property 
in the Heritage Area that is related to the themes of the 
Heritage Area and that should be preserved, restored, managed, 
or maintained because of its significance. 

(2) An assessment of cultural landscapes within the Herit- 
age Area. 

(3) Provisions for the protection, interpretation, and enjoy- 
ment of the resoiurces of the Heritage Area consistent with 
the purposes of this title. 

(4) An interpretation plan for the Heritage Area. 

(5) A program for implementation of the Management Plan 
by the management entity, including the following: 

(A) Facilitating ongoing collaboration among the part- 
ners to promote heritage toiuism and to develop edu- 
cational £md cultural programs for the public. 

(B) Assisting partners planning for restoration and 
construction. 

(C) Specific commitments of the partners for the first 
5 years of operation. 

(6) The identification of sources of funding for implementing 
the plan. 

(7) A description and evaluation of the management entity, 
including its membership and organizational structure. 

(c) Disqualification From Funding.— If a proposed Manage- 
ment Plan is not submitted to the Secretary witnin 3 years of 
the date of the enactment of this title, the management entity 
shaD be ineligible to receive additional funding under this title 
until the date on which the Secretary receives the proposed Manage- 
ment Plan. 

(d) Approval and Disapproval of Management Plan.— The Deadline. 
Secretary, in consultation with the State of Ohio, shall approve 

or disapprove the proposed Management Plan submitted under 
this title not later than 90 days after receiving such proposed 
Management Plan. 

(e) Action Following Disapproval.— If the Secretary dis- 
approves a proposed Management Plan, the Secretary shall advise 
the management entity in writing of the reasons for the disapproval 
and shall make recommendations for revisions to the proposed 
Management Plan. The Secretary shall approve or disapprove a Deadline, 
proposed revision within 90 days aft»r the date it is submitted. 



321 



118 STAT. 3366 PUBLIC LAW 108-447— DEC. 8, 2004 

(f) Approval of Amendments.— The Secretary shall review 
and approve substantial amendments to the Management Plan. 
Funds appropriated under this title may not be expended to imple- 
ment any changes made by such amendment until the Secretary 
approves the amendment. 

16 use 461 note. SEC. 507. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 

AGENCIES. 

(a) Technical and Financial Assistance.— Upon the request 
of the management entity, the Secretary may provide technical 
assistance, on a reimbursable or nonreimbursable basis, and finan- 
cial assistance to the Heritage Area to develop and implement 

Contracts. the management plan. The Secretary is authorized to enter into 

cooperative agreements with the management entity and other 
public or private entities for this purpose. In assisting the Heritage 
Area, the Secretary shall give priority to actions that in general 
assist in — 

(1) conserving the significant natural, historic, cultural, 
and scenic resources of the Heritage Area; and 

(2) providing educational, interpretive, and recreational 
opportimities consistent with the purposes of the Heritage Area. 

(b) Duties of Other Federal Agencies.— Any Federal agency 
conducting or supporting activities directly affecting the Heritage 
Area shall — 

(1) consult with the Secretary and the management entity 
with respect to such activities; 

(2) cooperate with the Secretary and the management 
entity in carrying out their duties under this title; 

(3) to the maximum extent practicable, coordinate such 
activities with the carrying out of such duties; and 

(4) to the maximum extent practicable, conduct or support 
such activities in a manner which the management entity deter- 
mines will not have an adverse effect on the Heritage Area. 

16 use 461 note. SEC. 508. COORDINATION BETWEEN THE SECRETARY AND THE SEC- 
RETARY OF DEFENSE AND THE ADMINISTRATOR OF 

NASA. 

The decisions concerning the execution of this title as it applies 
to properties under the control of the Secretary of Defense and 
the A^inistrator of the National Aeronautics and Space Adminis- 
tration shall be made by such Secretary or such Administrator, 
in consultation with the Secretary of the Interior. 

16 use 461 note. SEC. 509. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. 

(a) Notification and Consent of Property Owners 
Required. — ^No privately owned property shall be preserved, con- 
served, or promoted by the management plan for the Heritage 
Area untQ the owner of that private property has been notified 
in writing by the management entity and has given written consent 
for such preservation, conservation, or promotion to the manage- 
ment entity. 

(b) Landowner Withdraw.— Any owner of private property 
included within the bovmdary of the Heritage Area shall have 
their property immediately removed from the boundary by submit- 
ting a written request to the management entity. 



322 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3367 

SEC. 510. PRIVATE PROPERTY PROTECTION. 16 USC 461 note. 

(a) Access to Private Property.— Nothing in this title shall 
be construed to — 

(1) reauire any private property owner to eillow public 
access (including Federal, State, or local government access) 
to such private property; or 

(2) modify any provision of Federal, State, or local law 
with regard to public access to or use of private property. 

(b) Liability. — ^Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on anv 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property. 

(c) Recognition of Authority To Control Land Use. — 
Nothing in this title shall be construed to modify the authority 
of Federal, State, or local governments to regulate land use. 

(d) Participation of Private Property Owners in Heritage 
Area. — ^Nothing in this title shall be construed to require the owner 
of any private property located within the boundaries of the Herit- 
age Area to participate in or be associated with the Heritage Area. 

(e) Effect of Establishment.— The boundaries designated for 
the Heritage Area represent the area within which Federal fimds 
appropriated for the purpose of this title may be expended. The 
estabhshment of the Heritage Area and its boundaries shall not 
be construed to provide any nonexisting regulatory authority on 
land use within the Heritage Area or its viewshed by the Secretary, 
the National Park Service, or the management entity. 

SEC. 511. authorization OF APPROPRIATIONS. 16 USC 461 note. 

(a) In General. — ^To carry out this title there is authorized 
to be appropriated $10,000,000, except that not more than 
$1,000,000 may be appropriated to carry out this title for any 
fiscal year. 

(b) Fifty Percent Match.— The Federal share of the cost 
of activities carried out using any assistance or grant under this 
title shall not exceed 50 percent. 

SEC. 512. SUNSET PROVISION. 16 USC 461 note. 

The authority of the Secretary to provide assistance under 
this title terminates on the date that is 15 years after Uie date 
that funds are first made available for tiiis title. 

SEC. 613. WRIGHT COMPANY FACTORY STUDY AND REPORT. 16 USC 461 note. 

(a) Study.— 

(1) In general. — ^The Secretary shall conduct a special 
resource study updating the study required under section 104 
of the Dayton Aviation Heritage Preservation Act of 1992 
(PubUc Law 102-419) and detailing alternatives for incor- 
porating the Wright Company factory as a unit of Dayton 
Aviation Heritage National Historical Park. 

(2) Contents. — ^The study shall include an analysis of 
alternatives for including the Wright Company factory as a 
unit of Dayton Aviation Heritage National Historical Park that 
detail management and development options and costs. 

(3) Consultation. — In conducting the study, the Secretary 
shall consvilt with the Delphi Corporation, the Aviation Herit- 
age Foundation, State and local agencies, and other interested 
parties in the area. 



323 



118 STAT. 3368 PUBLIC LAW 108-447— DEC. 8, 2004 

(b) Report. — Not later than 3 years after funds are first made 
availaljle for this section, the Secretary shall submit to the Com- 
mittee on Resources of the House of Representatives and the Com- 
mittee on Energy and Natural Resources of the Senate a report 
describing the results of the study conducted under this section. 

Oil Region TITLE VI— OIL REGION NATIONAL 

HeSS Area HERITAGE AREA 

Act. 

16 use 461 note. SEC. 601. SHORT TITLE; DEFINITIONS. 

(a) Short Title,— This title may be cited as the "Oil Region 
National Heritage Area Act". 

(b) Definitions. — For the purposes of this title, the following 
definitions shall apply: 

(1) Heritage area. — The term "Heritage Area" means the 
Oil Region National Heritage Area established in section 603(a). 

(2) Management entity.— -The term "management entity" 
means the Oil Heritage Region, Inc., or its successor entity. 

(3) Secretary. — The term "Secretary" means the Secretary 
of the Interior. 

16 use 461 note. SEC. 602. FINDINGS AND PURPOSE. 

(a) Findings.— The Congress finds the following: 

(1) The Oil Region of Northwestern Pennsylvania, with 
numerous sites and districts listed on the National Register 
of Historic Places, and designated by the Governor of Pennsyl- 
vania as one of the State Heritage Park Areas, is a region 
with tremendous physical and natural resources and possesses 
a story of State, national, and international significance. 

(2) The single event of Colonel Edwin Drake's drilling 
of the world's first successfiil oil well in 1869 has affectea 
the industrial, natural, social, and political structures of the 
modem world. 

(3) Six national historic districts are located within the 
State Heritage Park boundeiry, in Emlenton, Franklin, Oil City, 
and TitusvUle, as well as 17 separate National Register sites. 

(4) The Alleghenv River, which was designated as a compo- 
nent of the nationm wild and scenic rivers system in 1992 
by Public Law 102-271, traverses the Oil Region and connects 
several of its major sites, as do some of the river's tributaries 
such as Oil Creek, French Creek, and Sandy Creek. 

(5) The unspoiled rural character of the Oil Region provides 
manv natural and recreational resources, scenic vistas, and 
excellent water quality for people throughout the United States 
to enjoy. 

(6) Remnants of the oil industry, visible on the landscape 
to this day, provide a direct link to the past for visitors, as 
do the historic valley settlements, riverbed settlements, plateau 
developments, farmlands, and industrial landscapes. 

(7) The Oil Region also represents a cross section of Amer- 
ican history associated with Native Americans, frontier settle- 
ments, the French and Indian War, African Americans and 
the Underground Railroad, and immigration of Swedish and 
Polish individuals, among others. 

(8) Involvement by the Federal Government shall serve 
to enhance the efforts of the Commonwealth of Pennsylvania, 



324 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3369 

volunteer organizations, and private businesses, to promote 

the cultural, national, and recreational resources of the region 

in order to MfiU their full potential. 

(b) Purpose. — ^The pmnpose of this title is to enhance a coopera- 
tive management framework to assist the Commonwealth of 
Pennsylvania, its units of local government, and area citizens in 
conserving, enhancing, and interpreting the significant features 
of the lands, water, and structures of the Oil Region, in a manner 
consistent with compatible economic development for the benefit 
and inspiration of present and future generations in the Common- 
wealth of Pennsylvania and the United States. 

SEC. 603. OIL REGION NATIONAL HERITAGE AREA. 16 USC 461 note. 

(a) Establishment.— There is hereby established the Oil 
Region National Heritage Area. 

(b) Boundaries. — ^The boundaries of the Heritage Area shall 
include all of those lands depicted on a map entitled "Oil Region 
National Heritage Area", nuinbered OIRE/20,000 and dated October 
2000. The map shall be on file in the appropriate offices of the 

National Park Service. The Secretary of the Interior shall publish Federal jElegiBter, 
in the Federal Register, as soon as practical after the date of publication. 
the enactment of this Act, a detailed description and map of the 
boundaries established under this subsection. 

(c) Management Entity, — ^The management entity for the 
Heritage Area shall be the Oil Heritage Region, Inc., the locally 
based private, nonprofit management corporation which shall over- 
see the development of a management plan in accordance with 
section 605(b). 

SEC. 604. COMPACT. 16 USC 461 note. 

To carry out the purposes of this title, the Secretary shall 
enter into a compact with the management entity. The compact 
shall include information relating to the objectives and management 
of the area, including a discussion of the goals and objectives 
of the Heritage Area, including an explanation of the proposed 
approach to conservation and interpretation and a general outUne 
of the protection measures committed to by the Secretary and 
management entity. 

SEC. 606. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. 16 USC 461 note. 

(a) Authorities of the Management Entity.— The manage- 
ment entity may use funds made available under this titie for 
purposes of preparing, updating, and implementing the manage- 
ment plan developed under subsection (b). Such purposes may 
include — 

(1) making grants to, and entering into cooperative agree- 
ments with. States and their poUtical subdivisions, private 
organizations, or any other person; 

(2) hiring and compensating staff; and 

(3) undertaking initiatives that advance the purposes of 
the Heritage Area. 

(b) Management Plan. — The management entity shall develop 
a management plan for the Heritage Area that — 

(1) presents comprehensive strategies and recommenda- 
tions for conservation, fimding, management, and development 
of the Heritage Area; 



325 



118 STAT. 3370 PUBLIC LAW 108-447— DEC. 8, 2004 

(2) takes into consideration existing State, county, and 
local plans and involves residents, public agencies, and private 
organizations working in the Heritage Area; 

(3) includes a description of actions that units of govern- 
ment and private organizations have agreed to take to protect 
the resources of the Heritage Area; 

(4) specifies the existing and potential sources of funding 
to protect, manage, and develop the Heritage Area; 

(5) includes an inventory of the resources contained in 
the Heritage Area, including a list of any property in the 
Heritage ^ea that is related to the themes of the Heritage 
Area and that should be preserved, restored, managed, devel- 
oped, or maintained because of its natural, cultural, historic, 
recreational, or scenic significance; 

(6) describes a program for implementation of the manage- 
ment plan by the management entity, including plans for res- 
toration and construction, and specific commitments for that 
implementation that have been made by the management entity 
and any other persons for the first 5 years of implementation; 

(7) lists any revisions to the boundaries of the Heritage. 
Area proposed by the management entity and requested by 
the affected local government; and 

(8) includes an interpretation plan for the Heritage Area. 

(c) Deadune; Termestation of Funding.— 

(1) Deadline. — ^The management entity shall submit the 
management plan to the Secretary within 2 years after the 
fiinds are made available for this title. 

(2) Termination of funding.— If a management plan is 
not submitted to the Secretary in accordance with this sub- 
section, the management entity shall not qualify for Federal 
assistance under tms title. 

(d) Duties of Management Entity.— The management entity 
shall— 

(1) give priority to implementing actions set forth in the 
compact and management plan; 

(2) assist units of government, regional planning organiza- 
tions, and nonprofit organizations in — 

(A) establishing and maintaining interpretive exhibits 
in the Heritage Area; 

(B) developing recreational resources in the Heritage 
Area; 

(C) increasing public awareness of and appreciation 
for the natural, historical, and architectural resources and 
sites in the Heritage Area; 

(D) the restoration of any historic building relating 
to the themes of the Heritage Area; 

(E) ensuring that clear signs identifying access points 
and sites of interest are put in place throughout the Herit- 
age Area; and 

(F) carrying out other actions that the management 
entity determines to be advisable to fiilfill the purposes 
of this title; 

(3) encoiu-age by appropriate means economic viability in 
the Heritage Area consistent with the goals of the management 
plan; 

(4) consider the interests of diverse governmental, business, 
and nonprofit groups within the Heritage Area; and 



326 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3371 

(5) for £iny year in which Federal funds have been provided 
to implement the management plan under subsection (b) — 

(A) conduct public meetings at least annually regarding 
the implementation of the management plan; 

(B) submit an annual report to the Secretary setting Reports. 
forth accomplishments, expenses and income, and each per- 
son to which any grant was made by the management 
entity in the year for which the report is made; and 

(C) require, for all agreements entered into by the 
management entity authorizing expenditure of Federal 
funds by any other person, that the person making the 
expenditure make available to the management entity for 
audit all records pertaining to the expenditure of such 
funds. 

(e) Prohibition on the Acquisition of Real Property. — 
The management entity may not use Federal funds received under 
this title to acquire real property or an interest in real property. 

SEC. 606. DUTIES AND AUTHORTnES OF THE SECRETARY. 16 USC 461 note. 

(a) Technical and Financial Assistance.— 

(1) In general.— 

(A) Overall assistance.— The Secretary may, upon 
the request of the management entity, and subject to the 
availability of appropriations, provide technical and finan- 
cial assistance to the management entity to carry out its 
duties under this title, including updating and imple- 
menting a management plan that is submitted imder sec- 
tion 605(b) and approved by the Secretary and, prior to 
such approval, providing assistance for initiatives. 

(B) Other assistance.— If the Secretary has the 
resources available to provide technical assistance to the 
management entity to carry out its duties imder this title 
(including updating and implementing a management plan 
tiiat is submitted imder section 605(b) and approved by 
the Secretary and, prior to such approval, providmg assist- 
ance for initiatives), upon the request of tne management 
entity the Secretary shall provide such assistance on a 
reimbursable basis. This subparagraph does not preclude 
the Secretary from providing nonreimbursable assistance 
imder subparagraph (A). 

(2) Priority. — In assisting the management entity, the 
Secretary shall give priority to actions that assist in the — 

(A) implementation of the management plan; 

(B) provision of educational assistance and advice 
regarding land and water management techniques to con- 
serve the significant natural resources of the region; 

(C) development and application of techniques pro- 
moting the preservation of cultural and historic properties; 

(D) preservation, restoration, and reuse of pubUcly and 
privately owned historic buildings; 

(E) design and fabrication of a wide range of interpre- 
tive materials based on the management plan, including 
guide brochures, visitor displays, audio- visual and inter- 
active exhibits, and educational curriculum materials for 
public education; and 

(F) implementation of initiatives prior to approval of 
the management plan. 



327 



118 STAT. 3372 



PUBLIC LAW 108-i47— DEC. 8, 2004 



(3) Documentation of structures.— The Secretary, 

acting through the Historic American Building Survey and 

the Historic American Engineering Record, shall conduct 

studies necessary to document the industrial, engineering, 

building, and Eu-chitectural history of the Heritage Area. 

Deadline. (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS.— The 

Secretary, in consultation with the Grovemor of Pennsylvania, shall 

approve or disapprove a management plan submitted under this 

title not later than 90 days after receiving such plan. In approving 

the plan, the Secretary shall take into consideration the following 

criteria: 

(1) The extent to which the management plan adequately 
preserves and protects the natural, cultural, and historical 
resources of the Heritage Area. 

(2) The level of public participation in the development 
of the management plan. 

(3) The extent to which the board of directors of the 
management entity is representative of the local government 
and a wide range of interested organizations and citizens. 

(c) Action Following Disapproval.— If the Secretary dis- 
approves a management plan, the Secretary shall advise the 
management entity in writing of the reasons for the disapproval 
and shall make recommendations for revisions in the management 

Deadline. plan. The Secretary shall approve or disapprove a proposed revision 

within 90 days after the date it is submitted. 

(d) Approving Changes.— The Secretary shall review and 
approve amendments to the management plan under section 605(b) 
that make substantial changes. Funds appropriated under this title 
may not be expended to implement such changes untU the Secretary 
approves the amendments. 

(e) Effect of Inaction. — If the Secretary does not approve 
or disapprove a management plan, revision, or change within 90 
days after it is submitted to the Secretary, then such management 
plan, revision, or change shall be deemed to have been approved 
by the Secretary. 

16 use 461 note. SEC. 607. DUTIES OF OTHER FEDERAL ENTITEES. 

Any Federal entity conducting or supporting activities directly 
affecting the Heritage Area shall — 

(1) consult with the Secretary and the management entity 
with respect to such activities; 

(2) cooperate with the Secretary and the management 
entity in carrying out their duties under this title emd, te 
the maximum extent practicable, coordinate such activities with 
the carrying out of such duties; and 

(3) to the maximum extent practicable, conduct or support 
such activities in a manner that the management entity deter- 
mines shfdl not have an adverse efifect on the Heritage Area. 

16 use 461 note. SEC. 608. SUNSET. 

The Secretary may not make any grant or provide any assist- 
ance under this title after the expiration of the 15-year period 
beginning on the date that funds are first made available for 
this title. 



328 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3373 

SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. 16 USC 461 note. 

(a) Notification and Consent of Property Owners 
Required. — ^No privately owned property shall be preserved, con- 
served, or promoted by the management plan for the Heritage 
Area until the owner of that private property has been notified 
in writing by the management entity and has given written consent 
for such preservation, conservation, or promotion to the manage- 
ment entity. 

(b) Landowner Withdraw. — ^Any owner of private property 
included within the boundary of the Heritage Area shall have 
their property immediately removed firom the boundary by submit- 
ting a written request to the management entity, 

SEC. 610. private PROPERTY PROTECTION. 16 USC 461 note. 

(a) Access to Private Property,— Nothing in this title shall 
be construed to — 

(1) require any private property owner to allow public 
access (including Federal, State, or local government access) 
to such private property; or 

(2) modify any provision of Federal, State, or local law 
with regard to public access to or use of private property. 

(b) Liability. — ^Designation of the Heritage Area shall not be 
considered to create any liability, or to have any eflFect on any 
liabihty under any other law, of any private property owner with 
respect to any persons injured on such private property, 

(c) Recognition of Authority To Control Land Use, — 
Nothing in this title shall be construed to modify the authority 
of Federal, State, or local governments to regulate land use, 

(d) Participation of Private Property Owners in Heritage 
Area. — ^Nothing in this title shall be construed to require the owner 
of any private property located within the boimdaries of the Herit- 
age Area to participate in or be associated with the Heritage Area. 

(e) Effect of Establishment.— The boundaries designated for 
the Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this title may be expended. The 
establishment of the Heritage Area and its boundaries shall not 
be construed to provide any nonexisting regulatory authority on 
land use within the Heritage Area or its viewshed by the Secretary, 
the National Park Service, or the msmagement entity. 

sec. 611. USE OF federal FUNDS FROM OTHER SOURCES. 16 USC 461 note. 

Nothing in this title shall preclude the management entity 
from using Federal funds available imder Acts other than thJB 
title for the purposes for which those funds were authorized. 

SEC. 612. AUTHORIZATION OF APPROPRIATIONS. 16 USC 461 note. 

(a) In General. — ^There are authorized to be appropriated to 
carry out this title — 

(1) not more than $1,000,000 for any fiscal year; and 

(2) not more than a total of $10,000,000, 

(b) 50 Percent Match, — Financial assistance provided under 
this title may not be used to pay more than 50 percent of the 
total cost of any activity carried out with that assistance. 



329 



118 STAT. 3374 PUBLIC LAW 108-447— DEC. 8, 2004 

Mississippi Gulf TITLE VII— MISSISSIPPI GULF COAST NATIONAL HERITAGE 

Coast National AREA ACT 

Heritage Area 

^*TTQr Aa-i . SEC. 701. SHORT TITLE. 

16 use 461 note. 

This title may be cited as the "Mississippi Gulf Coast National 
Heritage Area Act". 

16 use 461 note. SEC. 702. CONGRESSIONAL FINDINGS. 

Congress finds that — 

(1) the 6-coun1y area in southern Mississippi located on 
the Gulf of Mexico and in the Mississippi Coastal Plain has 
a unique identity that is shaped by — 

(A) the coastal and riverine environment; and 

(B) the diverse cultiures that have settled in the area; 

(2) the area is rich with diverse cviltural and historical 
significance, including — 

(A) early Native American settlements; and 

(B) Spanish, French, and English settlements origi- 
nating in the 1600s; 

(3) the area includes spectacular natural, scenic, and rec- 
reational resources; 

(4) there is broad support from local governments and 
other interested individuals for the establishment of the Mis- 
sissippi Gulf Coast National Heritage Area to coordinate and 
assist in the preservation and interpretation of those resources; 

(5) the Comprehensive Resource Management Plan, coordi- 
nated by the Mississippi Department of Marine Resources — 

(A) is a collaborative effort of the Federal Government 
and State and local governments in the area; and 

(B) is a natural foundation on which to estabUsh the 
Heritage Area; and 

(6) establishment of the Heritage Area would assist local 
conununities and residents in preserving the unique cultural, 
historical, and natural resources of the area. 

16 use 461 note. SEC. 703. DEFINITIONS. 

In this Act: 

(1) Heritage area. — ^The term "Heritage Area" means the 
Mississippi Gulf Coast National Heritage Area established by 
section 4(a). 

(2) Coordinating entity.— The term "coordinating entity" 
means the coordinating entity for the Heritage Area designated 
by section 4(c). 

(3) Management plan.— The term "management plan" 
means the management plan for the Heritage Area developed 
under section 5. 

(4) Secretary.— The term "Secretary" means the Secretary 
3>c, of the Interior. 

(5) State.— The term "State" means the State of Mis- 
sissippi. 

16 use 461 note. SEC. 704. MISSISSIPPI GULF COAST NATIONAL HEBlTAGfi AREA. 

(a) Establishment.— There is estabUshed in the State the Mis- 
sissippi Gulf Coast National Heritage Area. 

(b) Boundaries. — ^The Heritage Area shall consist of the coun- 
ties of Pearl River, Stone, George, Hancock, Harrison, and Jackson 
in the State. 

(c) Coordinating Entity.— 



330 



PUBUC LAW 108-447— DEC. 8, 2004 118 STAT. 3375 

(1) In general. — The Mississippi Department of Marine 
Resources, in consultation with the Mississippi Department 
of Archives and History, shall serve as the coordinating entity 
for the Heritage Area. 

(2) Oversight committee. — The coordinating entity shall 
ensure that each of the 6 counties included in the Heritage 
Area is appropriately represented on any oversight committee. 

SEC. 705. MANAGEMENT PLAN. 16 USC 461 note. 

(a) In General. — Not later than 3 years after the date of Deadline, 
enactment of this Act, the coordinating entity shall develop and 
submit to the Secretary a management plan for the Heritage Area. 

(b) Requirements. — ^The management plan shall — 

(1) provide recommendations for the conservation, funding, 
management, interpretation, and development of the cultural, 
historical, archaeological, natural, and recreational resources 
of the Heritage Area; 

(2) identify sources of funding for the Heritage Area; 

(3) include — 

(A) an inventory of the cultural, historical, archae- 
ological, natural, ana recreational resources of the Heritage 
Areajeind 

(B) an analysis of ways in which Federal, State, tribal, 
and local programs may best be coordinated to promote 
the purposes of this Act; 

(4) provide recommendations for educational and interpre- 
tive programs to inform the pubUc about the resources of the 
Heritage Area; and 

(5) involve residents of affected communities and tribal 
and local governments. 

(c) Failure to Submit. — If a management plan is not submitted 
to the Secretary by the date specified in subsection (a), the Secretary 
shall not provide any additional funding under this Act until a 
management plan for the Heriteige Area is submitted to the Sec- 
retary. 

(d) Approval or Disapproval of the Management Plan.— 

(1) In general.— Not later than 90 days after receipt of 
the management plan under subsection (a), the Secretary shall 
approve or disapprove the management plan. 

(2) Action following disapproval.— If the Secretary dis- 
approves a management plan under paragraph (1), the Sec- 
retary shall — 

(A) advise the coordinating entity in writing of the 
reasons for disapproval; 

(B) make recommendations for revision of the manage- 
ment plan; and 

(C) allow the coordinating entity to submit to the Sec- 
retary revisions to the management plan. 

(e) Revision. — ^After approval by the Secretary of the manage- 
ment plan, the coordinating entity shall periodically — 

(1) review the management plan; and 

(2) submit to the Secretary, for review and approval by 
the Secretary, any recommendations for revisions to the 
management plan. 

SEC. 706. AUTHORITIES AND DUTIES OF COORDINATING ENTnY. 16 USC 461 note. 

(a) Authorities. — ^For purposes of developing and imple- 
menting the memagement plan and otherwise carrying out this 



331 



118 STAT. 3376 PUBLIC LAW 108-447— DEC. 8, 2004 

Act, the coordinating entity may make grants to and provide tech- 
nicsil assistance to tribal emd local governments, and other public 
and private entities. 

(b) Duties. — In addition to developing the management plan 
under section 5, in carrying out this Act, the coordinating entity 
shall— 

(1) implement the management plan; and 

(2) assist local and tribal governments and non-profit 
organizations in — 

(A) establishing and maintaining interpretive exhibits 
in the Heritage Area; 

(B) developing recreational resources in the Heritage 
Area; 

(C) increasing ptublic awareness of, and appreciation 
for, the cultural, historical, archaeological, and natural 
resources of the Heritage Area; 

(D) restoring historic structures that relate to the 
Heritage Area; and 

(E) carrying out any other activity that the coordi- 
nating entity determines to be appropriate to carry out 
this Act, consistent with the management plan; 

(3) conduct public meetings at least annuaUy regarding 
the implementation of the management plan; and 

(4) for any fiscal year for which Federal funds are made 
available under section 9 — 

Reports. (A) submit to the Secretary a report that describes, 

for the fiscal year, the actions of the coordinating entity 
in carrving out this Act; 

(B) make available to the Secretary for audit all records 
relating to the expenditure of funds and any matching 
funds; and 

(C) require, for aU agreements authorizing the expendi- 
ture of Federal funds by any entity, that the receiving 
entity make available to the Secretary for audit all records 
relating to the expenditure of the funds. 

(c) Prohibition on Acquisition of Real Property.— The 
coordinating entity shall not use Federal funds made available 
under this Act to acquire real property or any interest in real 
property. 

16 use 461 note. SEC. 707. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 

AGENCIES. 

(a) In General. — On the request of the coordinating entity, 
the Secretary may provide technical and financial assistance to 
the coordinating entity for use in the development and implementa- 
tion of the management plan. 

(b) PRomBiTiON of Certain Requirements.— The Secretary 
may not, as a condition of the provision of technical or financial 
assistance under this section, require any recipient of the assistance 
to impose or modify any land use restriction or zoning ordinance. 

16 use 461 note. SEC. 708. EFFECT OF ACT. 

Nothing in this Act — 

(1) affects or authorizes the coordinating entity to interfere 
with — 

(A) the right of any person with respect to private 
property; or 

(B) any local zoning ordinance or land use plan; 



332 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3377 

(2) restricts an Indian tribe from protecting cultural or 
religious sites on tribal land; 

(3) modifies, enlarges, or diminishes the authority of any 
State, tribal, or local government to regulate any use of land 
under any other law (including regulations); 

(4)(A) modifies, enlarges, or diminishes the authority of 
the State to manage fish and wildhfe in the Heritage Area, 
including the regulation of fishing and hunting; or 

(B) authorizes the coordinating entity to assume any 
management authorities over such lands; or 

(5) diminishes the trust responsibilities or govemment- 
to-govemment obligations of the United States to any federally 
recognized Indian tribe. 

SEC. 709. AUTHORIZATION OF APPROPRIATIONS. 16 USC 461 note. 

(a) In General. — ^There is authorized to be appropriated to 
carry out this Act $10,000,000, of which not more than $1,000,000 
may be made available for any fiscal year, 

(b) Cost-Sharing Requirement.— The Federal share of the 
total cost of any activity assisted under this Act shall be not 
more than 50 percent. 

Vni— FEDERAL LANDS RECREATION ENHANCEMENT ACT Federal Lands 

Recreation 
SEC. 801. SHORT TITLE AND TABLE OF CONTENTS. Enhancement 

Act. 

(a) Short Title.— This title may be cited as the "Federal 16 use 6801 
Lands Recreation Enhancement Act". note. 

(b) Table of Contents.— The table of contents of this Act 
is as follows: 

Sec. 801. Short title and table of contents. 

Sec. 802. Definitions. 

Sec. 803. Recreation fee authority. 

Sec. 804. Public participation. 

Sec. 805. Recreation passes. 

Sec. 806. Cooi>erative agreements. 

Sec. 807. Special account and distribution of fees and revenues. 

Sec. 808. Expenditures. 

Sec. 809. Reports. 

Sec. 810. Sunset provision. 

Sec. 811. Volunteers. 

Sec. 812. Enforcement and protection of receipts. 

Sec. 813. Repeal of superseded admission and use fee authorities. 

Sec. 814, Relation to other laws and fee coUection authorities. 

Sec. 815. Limitation on use of fees for employee bontises. 

SEC. 802, DEFINITIONS. 16 USC 6801. 

In this Act: 

(1) STANDARD AMENITY RECREATION FEE.— The term 

"standard amenity recreation fee" means the recreation fee 
authorized by section 3(f). 

(2) Expanded amenity recreation fee.— The term 
"expanded amenity recreation fee" means the recreation fee 
authorized by section 3(g). 

(3) Entrance fee. — ^The term "entrance fee" means the 
recreation fee authorized to be charged to enter onto lands 

9. managed by the National Park Service or the United States 
Fish and Wildlife Service. 

(4) Federal land management agency.— The term "Fed- 
eral land management agency" means the National Park 
Service, the United States Fish and Wildlife Service, the Bureau 



333 



118 STAT. 3378 PUBLIC LAW 108-447— DEC. 8, 2004 

of Land Management, the Bxireau of Reclamation, or the Forest 
Service. 

(5) Federal recreational lands and waters.— The term 
'Tederal recreational lands and waters" means lands or waters 
managed by a Federal land management agency. 

(6) National parks and federal recreational lands 
PASS. — ^The term "National Parks and Federal Recreational 
Lands Pass" means the interagency national pass authorized 
by section 5. 

(7) Passholder. — ^The term "passholder" means the person 
who is issued a recreation pass. 

(8) Recreation fee. — ^The term "recreation fee" means an 
entrance fee, standard amenity recreation fee, expanded 
amenity recreation fee, or special recreation permit fee. 

(9) Recreation pass. — ^The term "recreation pass" means 
the National Parks and Federal Recreational Lands Pass or 
one of the other recreation passes available as authorized by 
section 5. 

(10) Secretary.— The term "Secretary" means— 

(A) the Secretary of the Interior, with respect to a 
Federal land management agency (other than the Forest 
Service); and 

(B) the Secretary of Agriculture, with respect to the 
Forest Service. 

(11) Secretaries. — ^The term "Secretaries" means the Sec- 
retary of the Interior and the Secretary of Agriculture acting 
jointly. 

(12) Special account. — ^The term "special account" means 
the special account estabhshed in the Treasury under section 
7 for a Federal land management agency. 

(13) Special recreation permit fee.— The term "special 
recreation permit fee" means the fee authorized by section 
3(h). 

16 use 6802. SEC. 803. RECREATION FEE AUTHORIIY. 

(a) Authority of Secretary.— Begirming in fiscal year 2005 
and thereafter, the Secretary may establish, modify, charge, and 
collect recreation fees at Federal recreational lands and waters 
as provided for in this section. 

(b) Basis for Recreation Fees.— Recreation fees shall be 
established in a manner consistent with the following criteria: 

(1) The amount of the recreation fee shall be commensurate 
with the benefits and services provided to the visitor. 

(2) The Secretary shall consider the aggregate effect of 
recreation fees on recreation users and recreation service pro- 
viders. 

(3) The Secretary shall consider comparable fees charged 
elsewhere and by other public agencies and by nearby private 
sector operators. 

(4) The Secretary shall consider the pubUc poUcy or 
management objectives served by the recreation fee. 

(5) The Secretary shall obtain input from the appropriate 
Recreation Resource Advisory Committee, as provided in section 
4(d). 

(6) The Secretary shall consider such other factors or cri- 
, teria as determined appropriate by the Secretary. 



334 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3379 

(c) Special Considerations.— The Secretary shall establish 
the minimiun nvimber of recreation fees and shall avoid the collec- 
tion of multiple or layered recreation fees for similar uses, activities, 
or programs. 

(d) Limitations on Recreation Fees.— 

(1) Prohibition on fees for certain acttvities or serv- 
ices. — ^The Secretary shall not charge any standard amenity 
recreation fee or expanded amenity recreation fee for Federal 
recreational lands and waters administered by the Bureau of 
Land Maneigement, the Forest Service, or the Bureau of Rec- 
lamation under this Act for any of the followine: 

(A) Solely for parking, imdesignateof parking, or pic- 
nicking along roads or trailsides. 

(B) For general access unless specifically authorized 
under this section. 

(C) For dispersed areas with low or no investment 
imless specifically authorized under this section. 

(D) For persons who are driving through, walking 
through, boating through, horseback riding through, or 
hiking through Federal recreational lands and waters with- 
out using the facilities and services. 

(E) For camping at undeveloped sites that do not pro- 
vide a minimum number of facilities and services as 
described in subsection (g)(2XA). 

(F) For use of overlooks or scenic pvdlouts. 

(G) For travel by private, noncommercial vehicle over 
any national parkway or any road or highway established 
as a part of the Federal-aid System, as defined in section 
101 of title 23, United States Code, which is commonly 
used by the public as a means of travel between two 
places either or both of which are outside any unit or 
area at which recreation fees are charged under this Act. 

(H) For travel by private, noncommercial vehicle, boat, 
or aircraft over any road or highway, waterway, or airway 
to any land in which such person has any property ri^ht 
if such land is within any unit or area at which recreation 
fees are charged under this Act. 

(I) For any person who has a right of access for hunting 
or fishing privileges under a speinfic provision of law or 
treaty. 

(J) For any person who is engaged in the conduct 
of official Federal, State, Tribal, or local government busi- 
ness. . 

(K) For special attention or extra services necessary 
to meet the needs of the disabled. 

(2) Relation to fees for use of ihghways or roads.— 
An entity that pays a special recreation permit fee or similar 
pennit fee shall not be subject to a road cost-sharing fee or 
a fee for the use of hi^ways or roads that are open to private, 
noncommercial use within the boundaries of any Federal rec- 
reational lands or waters, as authorized under section 6 of 
PubUc Law 8&-657 (16 U.S.C. 537; commonly known as the 
Forest Roads and Trails Act). 

(3) PROHffirrioN on fees for certain persons or 
PLACES. — The Secretary shall not charge an entrance fee or 
standard amenity recreation fee for the following: 

(A) Any person under 16 years of age. 



335 



118 STAT. 3380 PXJBLIC LAW 108-447— DEC. 8, 2004 

(B) Outings conducted for noncommercial educational 
purposes by schools or bona fide academic institutions. 

(C) The U.S.S. Arizona Memorial, Independence 
National Historical Park, any unit of the National Park 
System within the District of Columbia, or Arlington 
House-Robert E. Lee National Memorial. 

(D) The Fhght 93 National Memorial. 

(E) Entrance on other routes into the Great Smoky 
Mountains National Park or any part thereof vmless fees 
are charged for entrance into that park on main highways 
and thoroughfares. 

(F) Entrance on vuiits of the National Park System 
containing deed restrictions on charging fees. 

(G) An area or unit covered under section 203 of the 
Alaska National Interest Lands Conservation Act (Public 
Law 96-487; 16 U.S.C. 410hh-2), with the exception of 
Denali National Park and Preserve. 

(H) A imit of the National Wildlife Refuge System 
created, expanded, or modified by the Alaska National 
Interest Lands Conservation Act (Public Law 96-487). 

(I) Any person who visits a imit or area imder the 
jurisdiction of the United States Fish and Wildlife Service 
and who has been issued a valid migratory bird himting 
and conservation stamp issued under section 2 of the Act 
of March 16, 1934 (16 U.S.C. 718b; commonly known as 
the Duck Stamp Act). 

(J) Any person engaged in a nonrecreational activity 
authorized imder a valid permit issued under any other 
Act, including a valid grazing permit. 

(4) No RESTRICTION ON RECREATION OPPORTUNITIES.— 
Nothing in this Act shall limit the use of recreation opportuni- 
ties only to areas designated for collection of recreation fees. 

(e) ENTRANCE Fee.— 

(1) Authorized sites for entrance fees.— The Secretary 
of the Interior may charge an entrance fee for a unit of the 
National Park System, including a national monument adminis- 
tered by the National Park Service, or for a unit of the National 
Wildlife Refuge System. 

(2) Prohibited sites.— The Secretary shall not charge an 
entrance fee for Federal recreational lands and waters managed 
by the Bureau of Land Management, the Bureau of Reclama- 
tion, or the Forest Service. 

(f) Standard Amenity Recreation Fee.— Except as limited 
by subsection (d), the Secretary may charge a standard amenity 
recreation fee for Federal recreational lands and waters tmder 
the jurisdiction of the Bureau of Land Management, the Bureau 
of Reclamation, or the Forest Service, but only at the following: 

(1) A National Conservation Area. 

(2) A National Volcanic Monument. 

(3) A destination visitor or intejpretive center that provides 
a broad range of interpretive services, programs, and media. 

(4) An area — 

(A) that provides significant opportunities for outdoor 
recreation; 

(B) that has substantial Federal investments; 

(C) where fees can be efficiently collected; and 

(D) that contains all of the following amenities: 



336 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3381 

(i) Designated developed parking, 
(ii) A permanent toilet facility, 
(iii) A permanent trash receptacle, 
(iv) Interpretive sign, exhibit, or Mosk. 
(v) Picnic tables, 
(vi) Security services, 
(g) Expanded Amenity Recreation Fee.— 

(1) NPS AND USFWS AUTHORITY.— Except as limited by sub- 
section (d), the Secretary of the Interior may charge an 
expanded amenity recreation fee, either in addition to an 
entrance fee or by itself, at Federal recreational lands and 
waters under the jurisdiction of the National Park Service 
or the United States Fish and Wildlife Service when the Sec- 
retary of the Interior determines that the visitor uses a specific 
or specialized facility, equipment, or service. 

(2) Other federal land management agencies.— Except 
as limited by subsection (d), the Secretary may charge an 
expanded amenity recreation fee, either in addition to a 
standard amenity fee or by itself, at Federal recreational lands 
and waters under the jurisdiction of the Forest Service, the 
Bureau of Land Management, or the Bureau of Reclamation, 
but only for the following facilities or services: 

(A) Use of developed campgrounds that provide at least 
a msyority of the following: 

(i) Tent or trailer spaces. 
(ii) Picnic tables, 
(iii) Drinking water, 
(iv) Access roads. 

(v) The collection of the fee by an employee or 
agent of the Federal land management agency, 
(vi) Reasonable visitor protection, 
(vii) Refuse containers, 
(viii) Toilet facilities, 
(ix) Simple devices for containing a campfire. 

(B) Use of highly developed boat launches with special- 
ized facilities or services such as mechanical or hydraulic 
boat lifts or facilities, multi-lane paved ramps, paved 

garking, restrooms and other improvements such as 
oarding floats, loading ramps, or fish cleaning stations. 

(C) Rental of cabins, boats, stock animals, lookouts, 
historic structures, group day-use or overnight sites, audio 
tour devices, portable sanitation devices, binoculars or 
other equipment. 

(D) Use of hookups for electricity, cable, or sewer. 

(E) Use of sanitary dump stations. 

(F) Participation to an enhanced interpretive program 
or special tour. 

(G) Use of reservation services. 
(H) Use of transportation services. 

(I) Use of areas where emergency medical or first- 
aid services are administered fi'om facilities staffed by 
public employees or employees under a contract or recip- 
rocal agreement with the Federal Government. 

(J) Use of developed swimming sites that provide at 
least a majority of the following: 

(i) Bathhouse with showers and flush toilets, 
(ii) Refuse containers. 



337 



118 STAT. 3382 



PUBLIC LAW 108-^447— DEC. 8, 2004 



16 use 6803. 



Federal Register, 
publication. 



Guidelines. 



Federal Register, 
publication. 



(iii) Picnic areas. 

(iv) Paved parking. 

(v) Attendants, including lifeguards. 

(vi) Floats encompassing the swimming area. 

(vii) Swimming deck, 
(h) Special Recreation Permit Fee.— The Secretary may issue 
a special recreation permit, and charge a special recreation permit 
fee in connection with the issuance of the permit, for specialized 
recreation uses of Federal recreational lands and waters, such as 
group activities, recreation events, motorized recreational vehicle 
use. 

SEC. 804. PUBUC PARTICIPATION. 

(a) In General. — ^As required in this section, the Secretary 
shall provide the public with opportunities to participate in the 
development of or changing of a recreation fee established under 
this Act. 

(b) Advance Notice. — ^The Secretary shall publish a notice 
in the Federal Register of the establishment of a new recreation 
fee area for each agency 6 months before establishment. The Sec- 
retary shall publish notice of a new recreation fee or a change 
to an existing recreation fee established under this Act in local 
newspapers and publications located near the site at which the 
recreation fee would be established or changed. 

(c) Public Involvement. — Before establishing any new recre- 
ation fee area, the Secretary shall provide opportunity for public 
involvement by — 

(1) establishing guidelines for pubUc involvement; 

(2) establishing guidelines on how agencies will dem- 
onstrate on an annual basis how they have provided informa- 
tion to the public on the use of recreation tee revenues; and 

(3) publishing the guidelines in paragraphs (1) and (2) 
in the Federal Register. 

(d) Recreation Resource Advisory CoMMrrrEE. — 

(1) Establishment.— 

(A) Authority to establish.— Except as provided in 
subparagraphs (C) and (D), the Secretary or the Secretaries 
shall establish a Recreation Resource Advisory Committee 
in each State or region for Federal recreational lands and 
waters managed by the Forest Service or the Bureau of 
Land Management to perform the duties described in para- 
graph (2). 

(B) Number of committees.— The Secretary may have 
as many additional Recreation Resource Advisory Conunit- 
tees in a State or region as the Secretary considers nec- 
essary for the effective operation of this Act. 

(C) Exception.— The Secretary shall not establish a 
Recreation Resource Advisory Committee in a State if the 
Secretary determines, in consultation with the Governor 
of the State, that sufficient interest does not exist to ensure 
that participation on the Committee is balanced in terms 
of the points of view represented and the functions to 
be performed. 

(D) Use of other entities. — In lieu of establishing 
a Recreation Resource Advisory Committee under subpara- 
^aph (A), the Secretary may use a Resoxirce Advisory 
Committee established pursuant to another provision of 



338 



PUBUC LAW 108-447— DEC. 8, 2004 118 STAT. 3383 

law and in accordance with that law or a recreation fee 
advisory board otherwise established by the Secretary to 
perform the duties specified in paragraph (2). 

(2) Duties. — In accordance with the procedures required 
by paragraph (9), a Recreation Resource Advisory Committee 
may make recommendations to the Secretary regarding a 
standard amenity recreation fee or an expanded amenity recre- 
ation fee, whenever the recommendations relate to public con- 
cerns in the State or region covered by the Committee 
regarding — 

(A) the implementation of a standard amenity recre- 
ation fee or an expanded amenity recreation fee or the 
establishment of a specific recreation fee site; 

(B) the elinunation of a standard amenity recreation 
fee or an expanded amenity recreation fee; or 

(C) the expansion or limitation of the recreation fee 
program. 

(3) Meetings. — ^A Recreation Resource Advisory Committee 
shaU meet at least annually, but may, at the discretion of 
the Secretary, meet as often as needed to deal with citizen 
concerns about the recreation fee program in a timely manner. 

(4) Notice of rejection.— If the Secretary rejects the Deadline, 
recommendation of a Recreation Resource Advisory Committee, 

the Secretary shall issue a notice that identifies the reasons 
for rejecting the recommendation to the Committee on 
Resources of the House of Representatives and the Committee 
on Ener©^ and Natural Resources of the Senate not later than 
30 days oefore the Secretary implements a decision pertaining 
to that recommendation. 

(5) Composition of the advisory committee.— 

(A) Number.— A Recreation Resource Advisory Com- 
mittee shall be comprised of 11 members. 

(B) Nominations.— The Governor and the designated 
covmty official fi"om each county in the relevant State or 
Region may submit a list of nominations in the categories 
described under subparagraph (D). 

(C) Appointment.— The Secretary may appoint mem- 
bers of the Recreation Resource Advisory Committee fi*om 
the list as provided in subparagraph (B). 

(D) Broad and balanced representation.— In 
appointing the members of a Recreation Resovu*ce Advisory 
Committee, the Secretary shall provide for a balanced and 
broad representation from the recreation community that 
shall include the following: 

(i) Five persons who represent recreation users 
and that include, as appropriate, persons representing 
the following: 

(I) Winter motorized recreation, such as 
snowmobiling. 

(II) Winter non-motorized recreation, such as 
snowshoeing, cross country and down hill skiing, 
and snowboarding. 

(III) Summer motorized recreation, such as 
motorcycles, boaters, and off-highway vehicles. 

(IV) Srnnmer nonmotorized recreation, such 
as backpacking, horseback riding, mountain 
biking, canoeing, and rafting. 



339 



118 STAT. 3384 PUBLIC LAW 10^-447— DEC. 8, 2004 

(V) Hunting and fishing, 
(ii) Three persons who represent interest groups 
that include, as appropriate, the following: 

(I) Motorized outfitters and guides. 

(II) Non-motorized outfitters and guides. 

(III) Local environmental groups, 
(iii) Three persons, as follows: 

(I) State tourism official to represent the State. 

(II) A person who represents affected Indian 
tribes. 

(III) A person who represents affected local 
government interests. 

(6) Term.— 

(A) Length of term. — ^The Secretary shall appoint 
the members of a Recreation Resource Advisory Committee 
for staggered terms of 2 and 3 years beginning on the 
date that the members are first appointed. The Secretary 
may reappoint members to subsequent 2- or 3-year terms. 

(B) Effect of vacancy.— The Secretary shall make 
appointments to fill a vacancy on a Recreation Resource 
Advisory Committee as soon as practicable after the 
vacancy has occurred. 

(C) Effect of unexpected vacancy.— Where an unex- 
pected vacancy occurs, the Governor and the designated 
county officials firom each county in the relevant State 
shall provide the Secretary with a list of nominations in 
the relevant category, as described under paragraph (5)(D), 
not later than two months after notification of the vacancy. 
To the extent possible, a vacancy shall be filled in the 
same category and term in which the original appointment 
was made. 

(7) Chairperson. — ^The chairperson of a Recreation 
Resource Advisory Committee shall be selected by the megority 
vote of the members of the Committee. 

(8) Quorum. — Eight members shall constitute a quorum. 
A quorum must be present to constitute an official meeting 
of a Recreation Resource Advisory Committee. 

(9) Approval procedures.— A Recreation Resource 
Advisory Committee shall establish procedures for making rec- 
ommendations to the Secretary, A recommendation may be 
submitted to the Secretary only if the recommendation is 
approved by a msyority of the members of the Committee from 
each of the categories specified in paragraph (5XD) and general 
pubhc support for the recommendation is documented. 

(10) Compensation. — ^Members of the Recreation Resource 
Advisory Committee shall not receive any compensation. 

(11) PuBuc participation in the recreation resource 

advisory COMMnTEE.— 

Newspaper, (A) NOTICE OF MEETINGS. — All meetings of a Recreation 

Dublication. Resource Advisory Committee shall be announced at least 

pubUcation^**"^' °^^ week in advance in a local newspaper of record and 

the Federal Register, and shall be open to the public. 
Public (B) Records. — A Recreation Resource Advisory Com- 

infonnation. mittee shall maintain records of the meetings of the Recre- 

ation Resource Advisory Committee and make the records 
available for public inspection. 



340 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3385 

(12) Federal advisory committee act.— A Recreation 
Resovirce Advisory Committee is subject to the provisions of 
the Federal Advisory Committee Act (5 U.S.C. App.). 
(e) Miscellaneous Administrative Provisions Regarding 
Recreation Fees and Recreation Passes.— 

(1) Notice of entrance fees, standard amenity recre- 
ation fees, and passes. — ^The Secretary shall post clear notice 
of any entrance fee, standard amenity recreation fee, and avail- 
able recreation passes at appropriate locations in each unit 
or area of a Federal land management agency where an 
entrance fee or a standard amenity recreation fee is charged. 
The Secretary shall include such notice in pubUcations distrib- 
uted at the imit or area. 

(2) Notice of recreation fee projects.— To the extent 
practicable, the Secretary shall post clear notice of locations 
where work is performed using recreation fee or recreation 
pass revenues collected under this Act. 

SEC. 805. RECREATION PASSES. 16USC6804. 

(a) America the Beautifui^-the National Parks and Fed- 
eral Recreational Lands Pass.— 

(1) Availability and use.— The Secretaries shall establish, 
and may charge a fee for, an interagency national pass to 
be known as the "America the Beautiful — ^the Nationtd Parks 
and Federal Recreational Lands Pass", which shall cover the 
entrance fee and standard amenity recreation fee for all Federal 
recreational lands and waters for which an entrance fee or 
a standard amenity recreation fee is charged. 

(2) Image competition for recreation pass.— The Secre- 
taries shall hold an annual competition to select the image 
to be used on the National Parks and Federal Recreational 
Lands Pass for a year. The competition shall be open to the 
public and used as a means to educate the American people 
about Federal recreational lands and waters. 

(3) Notice of establishment. — ^The Secretaries shall pub- Federal Register, 
lish a notice in the Federal Register when the National Parks publication. 
and Federal Recreational Lands Pass is first estabhshed and 

available for purchase. 

(4) Duration.— The National Parks and Federal Rec- 
reational Lands Pass shall be valid for a period of 12 months 
from the date of the issuance of the recreation pass to a 
passholder, except in the case of the age and disaoility dis- 
counted passes issued under subsection (b). 

(5) Price. — ^The Secretaries shall establish the price at 
which the National Parks and Federal Recreational Lands Pass 
will be sold to the public. 

(6) Sales locations and marketing.— 

(A) In general.— The Secretary shall sell the National 
Parks and Federal Recreational Lands Pass at all Federal 
recreational lands and waters at which an entrance fee 
or a standsu-d amenity recreation fee is charged and at 
such other locations as the Secretaries consider appropriate 
and feasible. 

(B) Use of vendors. — ^The Secretary may enter into 
fee management agreements as provided in section 6. 



341 



118 STAT. 3386 PUBLIC LAW 108-447— DEC. 8, 2004 

(C) Marketing.— The Secretaries shall take such 
actions as are appropriate to provide for the active mar- 
keting of the National Parks and Federal Recreational 
Lands Pass. 

(7) Administrative guidelines.— The Secretaries shall 
issue guidelines on administration of the National Parks and 
Federal Recreational Lands Pass, which shall include agree- 
ment on price, the distribution of revenues between the Federal 
land management agencies, the sharing of costs, benefits pro- 
vided, marketing and design, adequate documentation for age 
and disability discounts under subsection (b), and the issuance 
of that recreation pass to volunteers. The Secretaries shall 
take into consideration all relevant visitor and sales data avail- 
able in establishing the guideUnes. 

(8) Development and implementation agreements.— 
The Secretaries may enter into cooperative agreements with 
governmental and nongovenmaental entities for the develop- 
ment and implementation of the National Parks and Federal 
Recreational Lands Pass Program. 

(9) Prohibition on other national recreation passes.— 
The Secretary may not establish any national recreation pass, 
except as provided in this section. 

(b) Discounted Passes.— 

(1) Age discount. — ^The Secretary shall make the National 
Parks and Federal Recreational Lands Pass available, at a 
cost of $10.00, to any United States citizen or person domiciled 
in the United States who is 62 years of age or older, if the 
citizen or person provides adequate proof of such age and 
such citizenship or residency. The National Parks and Federal 
Recreational Lands Pass made available under this subsection 
shall be valid for the lifetime of the pass holder. 

(2) Disability discount.— The Secretary shall make the 
National Parks and Federal Recreational Lands Pass available, 
without charge, to any United States citizen or person domiciled 
in the United States who has been medically determined to 
be permanently disabled for purposes of section 7(20)(B)(i) of 
the Rehabihtation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the 
citizen or person provides adequate proof of the disability and 
such citizenship or residency. The National Parks and Federal 
Recreational Lands Pass made available under this subsection 
shall be valid for the lifetime of the passholder. 

(c) Site-Specific Agency Passes.— The Secretary may estab- 
lish and charge a fee for a site-specific pass that will cover the 
entrance fee or standard amenity recreation fee for particular Fed- 
eral recreational lands and waters for a specified period not to 
exceed 12 months. 

(d) Regional Multienttty Passes.— 

(1) Passes authorized.— The Secretary may establish emd 
charge a fee for a regional multientity pass that will be accepted 
by one or more Federal land management agencies or by one 
or more governmental or nongovernmental entities for a speci- 
fied period not to exceed 12 months. To include a Federal 
land management agency or governmental or nongovernmental 
entity over which the Secretary does not have jurisdiction, 
the Secretary shall obtain the consent of the head of such 
agency or entity. 



342 



PUBLIC LAW 108^47— DEC. 8, 2004 118 STAT. 3387 

(2) Regional multientity pass agreement.— In order to 
establish a regional multientity pass under this subsection, 
the Secretary shall enter into a regional multientity pass agree- 
ment with aU the participating agencies or entities on price, 
the distribution of revenues between participating agencies or 
entities, the sharing of costs, benefits provided, marketing and 
design, and the issuance of the pass to volunteers. The Sec- 
retary shall take into consideration all relevant visitor and 
sales data available when entering into this agjreement. 

(e) Discounted or Free Admission Days or Use.— The Sec- 
retary may provide for a discounted or free admission day or use 
of Federal recreational lands and waters. 

(f) Effect on Existing Passports and Permits.— 

(1) Existing passports. — ^A passport issued under section 
4 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-6a) or title VI of the National Parks Omnibus 
Management Act of 1998 (Public Law 105-391; 16 U.S.C. 5991- 
5995), such as the (Jolden Eagle Passport, the Golden Age 
Passport, the Golden Access Passport, and the National Parks 
Passport, that was valid on the day before the publication 
of the Federal Register notice required under subsection (aX3) ■ 
shall be vaMd in accordance with the terms agreed to at the 
time of issuance of the passport, to the extent practicable, 
and rem£dn in effect until expired, lost, or stolen. 

(2) Permits. — ^A permit issued under section 4 of the Land 
and Water Conservation P\md Act of 1965 that was valid 
on the day before the date of the enactment of this Act shall 
be valid and remain in effect until expired, revoked, or sus- 
pended. 

SEC. 806. COOPERATIVE AGREEMENTS. 16 USC 6805. 

(a) Fee Management Agreement.— Notwithstanding chapter 
63 of title 31, United States Code, the Secretary may enter into 
a fee management agreement, including a contract, which may 
provide for a reasonable commission, reimbursement, or discount, 
with the following entities for the following purposes: 

(1) With any governmental or nongovernmental entity, 
including those in a gateway community, for the piupose of 
obtaining fee collection and processing services, including visitor 
reservation services. 

(2) With any governmental or nongovernmental entity, 
including those in a gateway conununity, for the purpose of 
obtaining emergency medical services. 

(3) With any governmental entity, including those in a 
gateway community, to obtain law enforcement services. 

(b) Revenue Sharing.— A State or legal subdivision of a State 
that enters into an agreement with the Secretary under subsection 
(a) may share in a percentage of the revenues collected at the 
site in accordance with that fee management agreement. 

(c) County Proposals. — ^The Secretary shall consider any pro- 
posal submitted by a covmty to provide services described in sub- 
section (a). If the Secretary decides not to enter into a fee manage- 
ment agreement with the county under subsection (a), the Secretary 
shall notify the county in writing of the decision, identifying the 
reasons for the decision. The fee management agreement may 
include cooperative site planning and management provisions. 



343 



118 STAT. 3388 PUBLIC LAW 108-447— DEC. 8, 2004 

16 use 6806. SEC. 807. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVE- 

NUES. 

(a) Special Account.— The Secretary of the Treasury shall 
establish a special account in the Treasury for each Federal land 
management agency. 

(b) DEPOSITS.—Subject to subsections (c), (d), and (e), revenues 
collected by each Federal land management agency vmder this 
Act shall — 

(1) be deposited in its special accoimt; and 

(2) remain available for expenditure, without further appro- 
priation, until expended. 

(c) Distribution of Recreation Fees and Single-Site 
Agency Pass Revenues.— 

(1) Local distribution of funds.— 

(A) Retention of revenues.— Not less than 80 per- 
cent of the recreation fees and site-specific agency pass 
revenues collected at a specific vmit or area of a Federal 
land management agency shall remain available for 
expenditure, without further appropriation, until expended 
at that unit or area. 

(B) Reduction.— The Secretary may reduce the 
percentage allocation otherwise applicable under subpara- 
graph (A) to a unit or area of a Federal land management 
agency, but not below 60 percent, for a fiscal year if the 
Secretary determines that the revenues collected at the 
unit or area exceed the reasonable needs of the unit or 
area for which expenditures may be made for that fiscal 
year. 

(2) Agency-wide distribution of funds.— The balance 
of the recreation fees and site-specific agency pass revenues 
collected at a specific unit or area of a Federal land manage- 
ment and not distributed in accordance with paragraph (1) 
shall remain available to that Federal land management agency 
for expenditiu*e on an agency-wide basis, without further appro- 
priation, until expended. 

(3) Other amounts.— Other amounts collected at other 
locations, including recreation fees collected by other entities 
or for a reservation service, shall remain available, without 
further appropriation, until expended in accordance with guide- 
lines established by the Secretary. 

(d) Distribution of National Parks and Federal Rec- 
reational Lands Pass Revenues.— Revenues collected from the 
sale of the National Parks and Federal Recreational Lands Pass 
shall be deposited in the special accounts established for the Federal 
land management agencies in accordance with the gxiidelines issued 
under section 5(a)(7). 

(e) Distribution of Regional Multientity Pass Revenues.— 
Revenues collected from the sale of a regional multientity pass 
authorized under section 5(d) shall be deposited in each partici- 
pating Federal land management agency's special account in accord- 
ance with the terms of the region multientity pass agreement 
for the regional multientity pass. 

16 use 6807. SEC. 808. EXPENDITURES. 

(a) Use of Fees at Specific Site or Area.— -Amoimts available 
for expenditure at a specific site or area — 



344 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3389 

(1) shall be accounted for separately from the amovints 
collected; 

(2) may be distributed agency-wide; and 

(3) shall be used only for — 

(A) repair, maintenance, and facility enhancement 
related directly to visitor enjoyment, visitor access, and 
health and safety; 

(B) interpretation, visitor information, visitor service, 
visitor needs assessments, and signs' 

(C) habitat restoration directly related to wildlife- 
dependent recreation that is limited to himting, fishing, 
wildlife observation, or photography; 

(D) law enforcement related to public use and recre- 
ation; 

(E) direct operating or capital costs associated Awith 
the recreation fee program; and 

(F) a fee management agreement established under 
section 6(a) or a visitor reservation service. 

(b) Limitation on Use of Fees.— The Secretary may not use 
any recreation fees for biological monitoring on Federal recreational 
lands and waters under the Endangered Species Act of 1973 for 
listed or candidate species. 

(c) Administration, Overhead, and Indirect Costs.— The 
Secretary may use not more than an average of 15 percent of 
total revenues collected under this Act for administration, overhead, 
and indirect costs related to the recreation fee program by that 
Secretary. 

(d) Transitional Exception.— Notwithstanding any other 
provision of this Act, the Secretarv may use amounts available 
m the special account of a Federal land management agency to 
supplement administration and marketing costs associated with — 

(1) the National Parks and Federal Recreational Lands 
Pass during the 5-year period beginning on the date the joint 
guidelines are issued under section 5(aX7); and 

(2) a regional mtiltientity pass authorized section 5(d) 
during the 5-year period beginning on the date the regional 
multientity pass agreement for that recreation pass takes effect. 

SEC. 809. REPORTS. 16USC6808. 

Not later than May 1, 2006, and every 3 years thereafter, 
the Secretary shall submit to Congress a report detailing the status 
of the recreation fee program conducted for Federal recreational 
lands and waters, including an evaluation of the recreation fee 
program, examples of projects that were funded using such fees, 
and future projects and programs for funding with fees, and con- 
taining any recommendations for changes in the overall fee system, 

SEC. 810. SUNSET PROVISION. 16 USC 6809. 

The authority of the Secretary to carry out this Act shall 
terminate 10 years after the date of the enactment of this Act. 

SEC. 811. VOLUNTEERS, 16 USC 6810. 

(a) Authority to Use Volunteers. — ^The Secretary may use 
volunteers, as appropriate, to collect recreation fees and sell recre- 
ation passes. 

(b) Waiver or Discount of Fees; Site-Specific Agency 
Pass. — In exchange for volunteer services, the Secretary may waive 
or discount an entrance fee, standard amenity recreation fee, or 



345 



118 STAT. 3390 



PUBLIC LAW 108-447— DEC. 8, 2004 



an expanded eunenity recreation fee that would otherwise apply 
to the volunteer or issue to the volunteer a site-specific agency 
pass authorized under section 5(c). 

(c) National Parks and Federal Recreational Lai«)s 
Pass. — In accordance with the guidelines issued under section 
5(a)(7), the Secretaries may issue a National Parks and Federal 
Recreational Lands Pass to a volunteer in excheuige for significant 
volunteer services performed by the volunteer. 

(d) Regional Multientity Passes.— The Secretary may issue 
a regional multientity pass authorized vmder section 5(d) to a volun- 
teer in exchange for significant volunteer services performed by 
the volunteer, if the regional multientity pass agreement under 
which the regional multientity pass was established provides for 
the issuance of the pass to volunteers. 

16 use 68n. SEC. 812. ENFORCEMENT AND PROTECTION OF RECEIPTS. 

(a) Enforcement AuTHORiry.— The Secretary concerned shall 
enforce payment of the recreation fees authorized by this Act. 

(b) Evidence of Nonpayment.— If the display of proof of pay- 
ment of a recreation fee, or the payment of a recreation fee within 
a certain time period is required, failure to display such proof 
as required or to pay the recreation fee within the time period 
specified shall constitute nonpayment. 

(c) Joint Liability. — ^The registered owner and any occupant 
of a vehicle charged Avith a nonpayment violation involving the 
vehicle shall be jointly liable for penalties imposed under this 
section, unless the registered owner can show that the vehicle 
was used without the registered owner's express or implied permis- 
sion. 

(d) Limitation on Penalties.— The failure to pay a recreation 
fee established under this Act shall be punishable as a Class A 
or Class B misdemeanor, except that in the case of a first ofTense 
of nonpajonent, the fine imposed may not exceed $100, notwith- 
standing section 3571(e) of title 18, United States Code. 

16 use 6812. sec. 813. repeal of superseded admission and use fee 

authorities. 

Federal Register, (a) LAND AND WATER CONSERVATION FUND ACT. — Subsections 

publication. (a), (b), (c), (d), (e), (f), (g), and (i) of section 4 of the Land and 

16 use 460/-6a. Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a et seq.) 
are repealed, except that the Secrettuy may continue to issue Grolden 
Eagle Passports, Golden Age Passports, and Golden Access Pass- 
ports under such section until the date the notice required by 
section 5(aX3) is published in the Federal Register regarding the 
establishment of the National Parks and Federal Recreational 
Lands Pass. 

(b) Recreational Fee Demonstration Program. — Section 315 
of the Department of the Interior and Related Agencies Appropria- 
tions Act, 1996 (as contained in section 101(c) of Public Law 104- 

16 use 460i-6a. 134; 16 U.S.C. 4601-6a), is repealed. 

(c) Admission Permits for Refuge Units.— Section 201 of 
the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) 
is repealed. 

Effective date. (d) NATIONAL PARK PASSPORT, GOLDEN EAGLE PASSPORT, 

Golden Age Passport, and Golden Access Passport.— Effective 
on the date the notice required by section 5(aX3) is published 
in the Federal Register, the following provisions of law authorizing 
the establishment of a national park passport program or the 



346 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3391 

establishment and sale of a national park passport, Golden Eagle - 

Passport, Golden Age Passport, or Golden Access Passport are 

repealed: 

(1) Section 502 of the National Parks Omnibus Manage- 
ment Act of 1998 (Public Law 105-391; 16 U.S.C. 5982). 

(2) Title VI of the National Parks Omnibus Management 
Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995). 

(e) Treatment of Unobligated Funds.— 

(1) Land and water conservation fund special 
ACCOUNTS. — ^Amounts in the special accounts established under 
section 4(i)(l) of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 4601-6a(i)(l)) for Federal land management 
agencies that are unobUgated on the .date of the enactment 
of this Act shall be transferred to the appropriate special 
account established vmder section 7 and shall be available 
to the Secretary in accordance with this Act. A special account 
established under section 4(iXl) of the Land and Water Con- 
servation Fund Act of 1965 for a Federal agency that is not 
a Federal land management area, and the use of such special 
account, is not affected by the repeal of section 4 of the Land 
and Water Conservation Fund Act of 1965 by subsection (a) 
of this section. 

(2) National parks passport,— Any funds collected under 
title VI of the National Parks Onmibus Management Act of 
1998 (Public Law 105-391; 16 U.S.C. 5991-5995) that are 
unobligated on the day before the publication of the Federal 
Register notice required under section 5(a)(3) shall be trans- 
ferred to the special account of the National Park Service 
for use in accordance with this Act. The Secretary of the Interior 
may use amounts available in that special account to pay 
£my outstanding administration, marketing, or close-out costs 
associated with the national parks passport. 

(3) Recreational fee demonstration program.— Any 
funds collected in accordance with section 315 of the Depart- 
ment of the Interior and Related Agencies Appropriations Act, 
1996 (as contained in section 101(c) of Public Law 104-134; 
16 U.S.C. 4601-6a), that are unobligated on the day before 
the date of the enactment of this Act shall be transferred 
to the appropriate special account and shall be available to 
the Secretary in accordance with this Act. 

(4) Admission permits for refuge units.— Any funds col- 
lected in accordance with section 201 of the Emergency Wet- 
lands Resources Act of 1986 (16 U.S.C. 3911) that are available 
as provided in subsection (c)(A) of such section and are unobli- 
gated on the day before the date of the enactment of this 
Act shall be transferred to the special account of the United 
States Fish and Wildlife Service for use in accordance with 
this Act. 

(f) Effect of Regulations. — A regulation or poUcy issued 
tinder a provision of law repealed by this section shall remain 
in effect to the extent such a regulation or policy is consistent 
with the provisions of this Act until the Secretary issues a regula- 
tion, guidehne, or policy under this Act that supersedes the earlier 
regulation. 



347 



118 STAT. 3392 PUBLIC LAW 108-447— DEC. 8, 2004 

16 use 6813. SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORI- 

TIES. 

(a) Federal and State Laws Unaffected.— Nothing in this 
Act shall authorize Federal hunting or fishing licenses or fees 
or charges for commercial or other activities not related to recre- 
ation, affect any rights or authority of the States with respect 
to fish and wildlife, or repeal or modify any provision of law that 
permits States or political subdivisions of States to share in the 
revenues from Federgil lands or, except as provided in subsection 
(b), any provision of law that provides that any fees or charges 
collected at peirticvilar Federal areas be used for or credited to 
specific purposes or special funds as authorized by that provision 
of law. 

(b) Relation to Revenue Allocation Laws.— Amoimts col- 
lected under this Act, and the existence of a fee management 
agreement with a governmental entity under section 6(a), may 
not be taken into accoimt for the purposes of any of the following 
laws: 

(1) The sixth paragraph under the heading "FOREST 
SERVICE" in the Act of May 23, 1908 (16 U.S.C. 500). 

(2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 
500; commonly known as the Weeks Act). 

(3) The fourteenth paragraph under the heading "Forest 
SERVICE" in the Act of March 4. 1913 (16 U.S.C. 501). 

(4) Section 33 of the Bankhead-Jones Farm Tenant Act 
(7 U.S.C. 1012). 

(5) Title II of the Act of August 8, 1937, and the Act 
of May 24, 1939 (43 U.S.C. 1181f et seq.). 

(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869- 
4). 

(7) Chapter 69 of title 31, United States Code. 

(8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 
715s; commonly known as the Refiige Revenue Sharing Act). 

(9) The Secure Rural Schools and Community Self-Deter- 
mination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 
note), except that the exception made for such Act by this 
subsection is unique and is not intended to be construed as 
precedent for amounts collected from the use of Federal lands 
under any other provision of law. 

(10) Section 2 of the Boulder Canyon Project Adjustment 
Act (43 U.S.C. 618a). 

(11) The Federal Water Project Recreation Act (16 U.S.C. 
4601-12 et seq.). 

(12) The first section of the Act of June 17, 1902, as 
amended or supplemented (43 U.S.C. 391). 

(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; 
commonly known as Hie Mineral Leasing Act). 

(14) Section 4(e) of the Southern Nevada Public Land 
Management Act of 1998 (Public Law 105-263; 31 U.S.C. 6901 
note). 

(15) Section 5(a) of the Lincoln County Land Act of 2000 
(PubUc Law 106-298; 114 Stat. 1047). 

(16) Any other provision of law relating to revenue alloca- 
tion. 

(c) Consideration of Other Funds Collected.— Amounts 
collected under any other law may not be disbursed under this 
Act. 



348 



PUBLIC LAW 108-447— DEC. 8, 2004 118 STAT. 3393 

(d) Sole Recreation Fee Authority.— Recreation fees charged 
under this Act shall be in lieu of fees charged for the same purposes 
under any other pro^vision of law. 

(e) Fees Charged by Third Parties.— Notwithstanding any 
other provision of this Act, a third party may charge a fee for 
providme a good or service to a visitor of a unit or area of the 
Federal land management agencies in accordance with any other 
applicable law or regulation. 

(f) Migratory Bird Hunting Stamp Act.— Revenues from the 
stamp established under the Act of March 16, 1934 (16 U.S.C. 
718 et seq.; commonly known as the Migratory Bird Hunting Stamp 
Act or Duck Stamp Act), shall not be covered by this Act. 

SEC. 815. UMTTATION ON USE OF FEES FOR EMPLOYEE BONUSES. 16USC6814. 

Notwithstanding any other provision of law, fees collected imder 
the authorities of the Act may not be used for employee bonuses. 

TITLE IX— SATELLITE HOME VIEWER EXTENSION AND Satellite Home 

REAUTHORIZATION ACT OF 2004 Viewer Extension 

and 

SECTION 1. SHORT TITLES; TABLE OF CONTENTS. Art of2W4**°° 

(a) Short Titles.— This title may be cited as the "Satellite 17 use loi note. 
Home Viewer Extension and Reauthorization Act of 2004" or the 

"W. J. (Billy) Tauzin Satelhte Television Act of 2004". 

(b) Table of Contents.— The table of contents for this Act 
is as follows: 

Sec. 1. Short titles; table of contents. 

TITLE I-STATUTORY LICENSE FOR SATELLITE CARRIERS 

Sec. 101. Extension of authority. 

Sec. 102. Reporting of subscribers; significantly viewed and other signals; technical 
amendments. 

Sec. 103. Statutory license for satellite carriers outside local markets. 

Sec. 104. Statutory license for satellite retransmission of low power television sta- 
tions. 

Sec. 105. Definitions. 

Sec. 106. Effect on certain proceedings. 

Sec. 107. Statutory license for satellite carriers retransmitting superstation signals 
to conmiercial establishments. 

Sec. 108. Expedited consideration of voluntary agreements to provide satellite sec- 
ondary transmissions to local markets. 

Sec. 109. Study. 

Sec. 110. Additional study. 

Sec. 111. Special rules. 

Sec. 112. Technical amendment. 

TITLE II— FEDERAL COMMUNICATIONS COMMISSION OPERATIONS 

Sec. 201. Extension of retransmission consent exemption. 
Sec. 202. Cable/satelHte comparability. 
Sec. 203. Carriage of local stations on a single dish. 
Sec. 204. Replacement of distant signals with local signals. 

Sec. 205. Additional notices to subscribers, networius, and stations concerning sig- 
nal carriage. 
Sec. 206. Privacy rights of satellite subscribers. 
Sec. 207. Reciprocal bargaining obligations. 
Sec. 208. Study of impact on cable television service. 
Sec. 209. Reduction of required tests. 

Sec. 210. Satellite carriage of television stations in noncontiguous States. 
Sec. 211. Carriage of television signals to certain subscribers. 
Sec. 212. Digital ti'ansition savings provision. 
Sec. 213. Authorizing broadcast service in unserved areas of Alaska. 



349 



118 STAT. 3466 PUBLIC LAW 108-447— DEC. 8, 2004 

inserting "total work order or contract amount at the time of bond 
execution that does not exceed". 

(b) Audit Frequency.— Section 411(g)(3) of the Small Business 
Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by 
striking "each year" and inserting "every three years". 

(c) Repeal. — Section 207 of the Small Business Reauthorization 
and Amendment Act of 1988 (15 U.S.C, 694b note) is repealed. 

SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES. 

Section 503(f) of the Small Business Investment Act of 1958 
(15 U.S.C. 697(f)) is amended by striking ", but" and all that 
follows through the end and inserting a period. 

Approved December 8, 2004. 



LEGISLATIVE fflSTORY— H.R. 4818 (S. 2812): 

HOUSE REPORTS: Nos. 108-699 (Coram, on Appropriations) and 108-792 

(Comm. of Conference). 
SENATE REPORTS: No. 108-346 accompanying S. 2812 (Comm. on Appropria- 

tione). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

July 13, 16, considered and passed House. 

Sept. 23, considered and passed Senate, amended, in lieu of S. 2812. 

Nov. 20, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 40 (2004): 

Dec. 8, Presidential statement. 



o 



350 



PUBLIC LAW 108-479— DEC. 21, 2004 118 STAT. 3905 



Public Law 108-479 
108th Congress 

Joint Resolution 

Recognizing the 60th anniversary of the Battle of Peleliu and the end of Imperial 

Japanese control of Palau during World War II and urging the Secretary of r* 91 9004 

the Interior to work to protect the historic sites of the Peleliu Battlefield National — — — '. 

Historic Landmark and to establish commemorative programs honoring the Ameri- [H.J. Res. 102] 
cans who fought there. 

Whereas on December 7, 1941, Imperial Japan bombed the United 
States fleet at Pearl Harbor, Hawaii, forcing the United States 
to declare war on Japan; 

Whereas by 1944, United States victories in the Southwest and 
Central Pacific were bringing the war ever closer to Jap£in; 

Whereas on September 15, 1944, after three days of naval gunfire, 
United States forces landed on the beaches of Pelehu, in the 
Palau islands chain, with the objective of capturing a vital air 
field; 

Whereas the battle for Pelehu lasted more than two months, during 
which the United States suffered over 10,000 casualties, including 
an estimated 1,250 Marines and 540 soldiers killed in action; 

Whereas George H.W. Bush, the 41st President of the United States, George H.W. 
served as a torpedo-bomber pilot in the Navv and sank an armed Bush. 
Japanese trawler during Operation Snapsnot, an operation to 
weaken Japanese defenses on Peleliu before United States 
Marines invaded the island in September 1944; 

Whereas former Secretary of State George P. Shultz served as George P. Shultz. 
an officer in the Marine Corps detached to the 81st Infantry 
Division of the Army during the Battle of Pelehu and participated 
in the seizure, occupation, and defense of Angaur Island in the 
Palau islands chain; 

Whereas on February 4, 1985, the Secretary of the Interior officially 
designated the Pelehu battlefield as the "Peleliu Battlefield 
National Historic Landmark"; 

Whereas the landmark plaque has been mounted and is now dis- 
played in a prominent place in the village of Kloulkubed; 

Whereas that designation as a national historic landmark attests 
not only to the significance of the battlefield site, but also to 
the integrity of the site; 

Whereas the Peleliu battlefield today has considerable physical 
evidence of the battle, including about 100 identified individual 
cave sites occupied by the defending Japanese troops, as well 
as pill boxes, casemates, and large military equipment, both 
American and Japanese, which played a direct role m the battle 
for Peleliu; and 



351 



118 STAT. 3906 PUBLIC LAW 108-479— DEC. 21, 2004 

Whereas thanks to the sacrifices of members of the United States 
Armed Forces who participated in the Battle of Pelehu, the 
RepubUc of Palau today is an independent, democratic nation 
and a strong ally of the United States: Now, therefore, be it 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the Congress 
recognizes the bravery and courage of the members of the United 
States Aimed Forces who participated in the Battle of Peleliu 
and of all veterans who fought in the Pacific Theater during World 
Warn. 

Sec. 2. The Congress urges the Secretary of the Interior — 

(1) to recognize the year 2004 as the 60th anniversary 
of the Battle of Peleliu and the end of Imperial Japanese 
control of Palau during World War II; 

(2) to work to protect the historic sites of the Peleliu 
Battlefield National Historic Landmark; and 

(3) to estabUsh commemorative programs honoring the 
Americans who fought at those sites. 

Approved December 21, 2004. 



LEGISLATIVE HISTORY— H.J. Res. 102: 

CONGRESSIONAL RECORD, Vol. 150 (2004): 
Sept. 28, considered and payssed House. 
Dec. 7, considered and passed Senate. 

o 



352 



PUBLIC LAW 108-480— DEC. 23, 2004 



118 STAT. 3907 



Public Law 108-480 
108th Congress 



An Act 



. To authorize funds for an educational center for the Castillo de San Marcos National Dec. 23, 2004 
Monument, and for other purposes. [ELK 2457] 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Florida. 

16 use 431 note. 

TITLE I— CASTILLO DE SAN MARCOS NA- castuiodesan 
TIONAL MONUMENT PRESERVATION Srnf ""' 

A g^rr\ Preservation and 

i\.Vy Jl Education Act. 

SEC. 101. SHORT TITLE. 

This title may be cited as the "Castillo de San Marcos National 
Moniunent Preservation and Education Act". 

SEC. 102. VISITOR CENTER. 

(a) Authorization. — Subject to the availability of appropria- 
tions and the project being prioritized in the National Park Services 
5-year, line-item construction program, the Secretary of the Interior 
(referred to in this section as me "Secretary") may design and 
constioict a Visitor Center for the Castillo de San Marcos National 
Monument (referred to in this section as the "Monument"). 

(b) Preferred Alternative.— The Visitor Center authorized 
in subsection (a) shall be located and constructed in accordance 
with the Preferred Alternative identified in the Record of Decision 
for the Greneral Management Plan for the Monument, expected 
to be signed in 2005. 

SEC. 103. COOPERATIVE AGREEMENT. 

The Secretary may enter into cooperative agreements with 
the City of St. Augiistine, Florida, the Colonial St. Augustine 
Preservation Foundation, other Federal, State, and local depart- 
ments or agencies, academic institutions, and non-profit entities 
for the planning and design, construction, management, amd oper- 
ation of the Visitor Center. 

SEC. 104. BOUNDARY EXPANSION. 

(a) Property Acquisition,— If the Preferred Alternative for 
the Visitor Center authorized by section 102 is located outside 
the boundary of the Monument, the Secretary is authorized to 
acquire the site for the Visitor Center, from willing sellers, by 
donation, purchase with donated or appropriated funds, or by 
exchange. 



353 



118 STAT. 3908 



PUBLIC LAW 108-480— DEC. 23, 2004 



Castillo de San 
Marcos National 
Monument 
Boundary 
Adjustment Act 
of 2004. 



(b) Administration of Newly Acquired Land.— Land added 
to the Monument pursuant to subsection (a) shall be administered 
by the Secretary in accordance with applicable laws and regulations. 

(c) Boundary Modification.— The boundary of the Monument 
shall be modified to reflect the acquisition of land authorized in 
subsection (a) after completion of the acquisition. 

SEC. 105. PROJECT APPROVAL, 

Prior to initiating any planning, design, or construction on 
the Visitor Center authorized by section 102, the project must 
be reviewed and approved by the National Park Service consistent 
with partnership construction guidelines established by that agency. 

TITLE n—CASTDLLO DE SAN MARCOS 
NATIONAL MONUMENT BOUNDARY 
MODIFICATION 

SEC. 201. SHORT TITLE. 

This title may be cited as the "Castillo de San Marcos National 
Monument Boundary Adjustment Act of 2004". 

SEC. 202. FINDINGS. 

Congress finds the following: 

(1) The early defense lines for Fort Marion, Florida, today 
known as the Castillo de San Marcos National Monument, 
included defenses extending in a line due west to the Sebastian 
River, a distance of about one half mile. 

(2) In the 1830's, during the Seminole Wars in Florida, 
these defensive lines were maintained, but as Florida became 
more settled ttiey feU into disrepair and/or became obsolete. 

(3) In 1908 the War Department deeded much of the prop- 
erty running west to the Sebastian River to the St. Johns 
Coimty Board of Public Instruction. The portion of this property 
remaining in federal ownership today is occupied by Orange 
Street, a City of St. Augustine, Florida street. 

(4) For nearly a century, the City of St. Augustine has 
maintained and managed Orange Street, a modem city street, 
and associated utilities in the Orange Street corridor. 

(5) Any archeological remains that are still present on 
the property overlaid by Orange Street are adequately protected 
by tne Cit/s archeological ordinances, and by the City having 
an archeologist on staff. 

(6) Although the city currently operates Orange Street 
under a right-of-way fi-om the National Park Service, from 
a management perspective it is appropriate for the City of 
St. Augustine to own Orange Street. 

SEC. 203. BOUNDARY ADJUSTMENT. 

(a) Conveyance of Land.— The Secretary of the Interior shall 
convey, without consideration, to the City of St. Augustine, Florida, 
all right, title, and interest of the United States in and to the 
lands known as Orange Street, a portion of the Castillo de San 
Marcos National Monument (Monument), consisting of approxi- 
mately 3.1 acres, as shown on the map entitled Castillo ae San 
Marcos National Monimient Boundary Adjustment and Correction, 
numbered 343/80060, and dated April 2003. Upon completion of 



354 



PUBLIC LAW 108-480— DEC. 23, 2004 118 STAT. 3909 

the conveyance, the Secretary shall revise the boundary of the 
Monument to exclude the land conveyed. 

(b) Boundary Revision. — Effective on the date of the enact- Effective date, 
ment of this Act, the boundary of the Monument is revised to 
include an area of approximately 0.45 acres, as shown on the 
map identified in subsection (a). The Secretary shall administer 
the lands included in the boundary as part of the national monu- 
ment in accordance with apphcable laws and regulations. 

Approved December 23, 2004. 



LEGISLATIVE mSTOKY— H.R. 2457: 

HOUSE REPORTS: No. 108-639 (Coram, on Resources). 
CONGRESSIONAL RECORD, Vol. 150 (2004): 

Sept. 13, considered and passed House. 

Dec. 8, considered and passed Senate. 

o 



^5 



PUBLIC LAW 108-483— DEC. 23, 2004 118 STAT. 3919 



Public Law 108-483 
108th Congress 

An Act 

To authorize the exchange of certain land in Everglades National Park. 



Dec. 23, 2004 
[H.R. 3785] 



Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, Florida. 

SECTION 1. EVERGLADES NATIONAL PARK. 

Section 102 of the Everglades National Park Protection and 
Expansion Act of 1989 (16 U.S.C. 410r-6) is amended— 

(1) in subsection (a) — 

(A) by striking "The park boundary" and inserting 
the following: 

"( 1) In general.— The park boundary"; 

(B) by striking "The taap" and inserting the following: 
"(2) Availability of map.— The map"; and 

(C) by adding at the end the following: 
"(3) Acquisition of additional land.— 

"(A) In general. — ^The Secretary may acquire from 
1 or more willing sellers not more than 10 acres of land 
located outside the boundary of the park and adjacent 
to or near the East Everglades area of the park for the 
development of administrative, housing, maintenance, or 
other park purposes, 

"(B) Administration; appucable law.— On acquisi- 
tion of the land under subparagraph (A), the land shall 
be adnunistered as part of the park in accordance with 
the laws (including regulations) applicable to the park."; 
and 

(2) by adding at the end the following: 
"(h) Land Exchanges.— 

"(1) DEFiNrnoNS.— In this subsection: 

"(A) Administrator.— The term 'Administrator' means 
the Administrator of Greneral Services. 

"(B) County.- The term 'County' means Miami-Dade 
County, Florida. 

"(C) County land.— The term 'County land' means 
the 2 parcels of land owned by the County totaling approxi- 
mately 152.93 acres that are designated as 'Tract 605- 
01' and 'Tract 605-03'. 

"(D) District.— The term THstrict' means the South 
Florida Water Management District. 

"(E) District land.— The term 'District land' means 
the approximately 1,054 acres of District land located in 
the Southern Glades Wildlife and Environmental Area and 
identified on the map as 'South Florida Water Management 
District Exchange Lands', 



356 



118 STAT. 3920 PUBLIC LAW 108-^83— DEC. 23, 2004 

"(F) General services administration land.— The 
terra 'General Services Administration land' means the 
approximately 595.28 acres of land designated as 'Site 
^pha' that is declared by the Department of the Navy 
to be excess land. 

"(G) Map. — The term "map' means the map entitled 
'Boundary Modification for C-111 Project, Everglades 
National Park', numbered 160/80,007A, and dated May 
18, 2004. 

"(H) National park service land.— The term 

'National Park Service land' means the approximately 1,054 

acres of land located in the Rocky Glades area of the 

park and identified on the map as 'NPS Exchange Lands'. 

"(2) Exchange of general services administration land 

AND county land. — The Administrator shall convey to the 

County fee title to the General Services Administration land 

in exchange for the conveyance by the County to the Secretary 

of fee title to the Coimty land. 

"(3) Exchange of national park service land and dis- 
trict LAND.— 

"(A) In general. — ^As soon as practicable after the 
completion of the exchange under paragraph (2), the Sec- 
retary shall convey to the District fee title to tiie National 
Park Service land in exchange for fee title to the District 
land. 

"(B) Use of national park service land.— The 
National Park Service land conveyed to the District shall 
be used by the District for the purposes of the C-111 
project, including restoration of the Everglades natural 
system. 

"(C) Boundary adjustment.— On completion of the 
land exchange under subparagraph (A), the Secretary shall 
modify the boxmdary of the park to reflect the exchange 
of the National Park Service land and the District land. 
"(4) Availability of map.— The map shall be on file and 
available for public inspection in the appropriate oflBces of 
the National Park Service.". 

SEC. 2. BIG CYPRESS NATIONAL PRESERVE. 

Subsection (dX3) of the first section of Public Law 93-440 
(16 U.S.C. 6980 is amended by striking "The amount described 



357 



PUBLIC LAW 108-483— DEC. 23, 2004 118 STAT. 3921 

in paragraph (1)" and inserting "The amount described in paragraph 
(2r. 

Approved December 23, 2004. 



LEGISLATIVE fflSTORY— H.R. 3785 (S. 2046): 

HOUSE REPORTS: No. 108-616 (Comm. on Resources). 

SENATE REPORTS: No. 108-298 accompanying S. 2046 (Comm. on Energy and 

Natural Resources). 
CONGRESSIONAL RECORD, Vol. 160 (2004): 

July 19, considered and passed House. 

Dec. 8, considered and passed Senate. 



o 



358 



Federal Register 

Vol. 68, No. 28 

Tuesday, February 11, 2003 



7053 



Presidential Documents 



Title 3— 

The President 



Proclamation 7647 of February 7, 2003 

Establishment of the Governors Island National Monument 



By the President of the United States of America 
A Proclamation 

On the north tip of Governors Island, at the confluence of the Hudson 
and East Rivers, stand two fortifications that served as an outpost to protect 
New York City from sea attack. These two important historic objects. Castle 
Williams and Fort Jay, are part of a National Historic Landmark District 
designated in 1985. Between 1806 and 1811, these fortifications were con- 
structed as part of the First and Second American Systems of Coastal For- 
tification. Castle Williams and Fort Jay represent two of the finest examples 
of defensive structures in use from the Renaissance to the American Civil 
War. They also played important roles in the War of 1812, the American 
Civil War, and World Wars I and II. 

These fortifications were built on the most strategic defensive positions 
on the island. Fort Jay, constructed between 1806 and 1809, is on the 
highest point of the island from which its glacis originally sloped down 
to the waterfront on all sides. Castle Williams, constructed between 1807 
and 1811, occupies a rocky promontory as close as possible to the harbor 
channels and served as the most important strategic defensive point in 
the entrance to the New York Harbor. 

Governors Island was managed by the United States Army and the United 
States Coast Guard for nearly 200 years, but is no longer required for defense 
or Coast Guard purposes. It provides an excellent opportimity for the public 
to observe and understand the harbor history, its defense, and its ecology. 
Its proximity to lower Manhattan also makes it an appropriate location 
from which to reflect upon the tragic events of September 11, 2001. 

Section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431) (the 
"Antiquities Act"), authorizes the President, in his discretion, to declare 
by public proclamation historic landmarks, historic and prehistoric struc- 
tures, and other objects of historic or scientific interest that are situated 
upon the lands owned or controlled by the Government of the United 
States to be national monuments, and to reserve as a part thereof parcels 
of land, the limits of which in all cases shaU be confined to the smallest 
area compatible with the proper ceure and management of the objects to 
be protected. 

A Governors Island National Monument was established by Proclamation 
7402 of January 19, 2001, in order to protect the two fortifications. The 
monument, however, remained subject to Public Law 105-33, section 9101, 
111 Stat. 670 (August 5, 1997), which required the entire island, including 
the monument lands, to be sold with a right of first offer to the State 
and City of New York. 

WHEREAS the State and City of New York each executed a consent and 
waiver of the right of first offer regarding Governors Island; and 

WHEREAS the portion of Governors Island described on the accompanying 
land description was sold to the National Trust for Historic Preservation 
(National Trust), on January 31, 2003, and the remainder of Governors Island 
was sold to the Governors Island Preservation and Education Corporation 
(GIPEC) of the State and City of New York, on January 31, 2003; and 



359 



7054 Federal Register/ Vol. 68, No. 28 /Tuesday, February 11, 2003 / Presidential Documents 

^ WHEREAS the National Trust, on January 31, 2003, relinquished and con- 
veyed to the United States of America all lands owned by the National 
Trust on Governors Island; and 

WHEREAS such relinquishment and conveyance have been accepted by 
the Secretary of the Interior (Secretary) pursuant to the Antiquities Act; 
and 

WHEREAS it appears that it would be in the public interest to preserve 
Castle Williams, Fort Jay, and certain lands and buildings necessary for 
the care and management of the Castle and Fort as the Governors Island 
National Monvunent; 

NOW, THEREFORE, I, GEORGE W. BUSH. President of the United States 
of America, by the authority vested in me by section 2 of the Act of 
June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are 
hereby set apart and reserved as the Governors Island National Monument 
for the purpose of protecting the objects identified above, all lands and 
interests in lands owned or controlled by the United States within the 
boimdaries described on the accompan5dng land description, which is at- 
tached to and forms a part of this proclamation. The Federal land and 
interests in land reserved consist of approximately 22 acres, together with 
appurtenant easements for all necessary purposes and any associated feder- 
ally owmed personal property of historic interest, which is the smallest 
area compatible with the property care and management of the objects 
to be protected. 

All Federal lands and interests in lands within the boundaries of this monu- 
ment are hereby appropriated and withdrawn firam all forms of entry, loca- 
tion, selection, sale, or leasing or other disposition vmder the public land 
laws, including but not limited to withdrawal from location, entry, and 
patent under the mining laws, and from disposition under all laws relating 
to mineral and geothermal leasing. 

The Secretary shall manage the monument consistent with the purposes 
and provisions of this proclamation. For the purpose of preserving, restoring, 
and enhancing the public visitation and appreciation of the monument, 
the Secretary shall prepare a management plan for the monument within 
3 years of the date of this proclamation. Further, to the extent authorized 
by law, the Secretary shall promulgate any additional regulations needed 
for the proper care and management of the objects identified above. 

The establishment of this monument is subject to valid existing rights, 
if any such rights are present. 

Nothing in this proclamation shall be deemed to revoke any existuig with- 
drawal, reservation, or appropriation; however, the national monument shall 
be the dominant reservation. 

Warning is hereby given to all unauthorized persons not to appropriate, 
injine, destroy, or remove any feature of this monument and not to locate 
or settle upon any of the lands thereof. 



360 



Federal Register/ Vol. 68, No. 28 /Tuesday, February 11, 2003 /Presidential Documents 



7055 



IN WITNESS WHEREOF, I have hereunto set my hand this seventh day 
of February, in the year of our Lord two thousand three, and of the Independ- 
ence of the United States of America the two hundred and twenty-seventh. 




Billing code 3195-01-P 



361 



Federal Register 

Vol. 68, No. 22 

Monday, February 3, 2003 



5203 



Presidential Documents 



Title 3— 

The President 



Executive Order 13285 of January 29, 2003 

President's Council on Service and Civic Participation 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in order to encourage the recogni- 
tion of volunteer service and civic participation by all Americans, and 
especially America's youth, it is hereby ordered as follows: 

Section 1. The President's Council on Service and Civic Participation, (a) 
There is hereby established within the Corporation for National and Commu- 
nity Services (CNCS) the President's Council on Service and Civic Participa- 
tion (Council). 

(b) The Council shall be composed of up to 25 members, including rep- 
resentatives of America's youth, appointed by the President. Each member 
shall serve for a term of 2 years and may continue to serve after the 
expiration of their term until a successor is appointed. The President shall 
designate one member to serve as Chair and one member to serve as Vice 
Chair. Subject to the direction of the Chief Executive Officer of the CNCS, 
the Chair, and in the Chair's absence the Vice Chair, shall convene and 
preside at the meetings of the Council, determine its agenda, and direct 
its work. 
Sec. 2. Mission and Functions of the Council. 

(a) The mission of the Council shall be to: 

(i) encourage the recognition of outstanding volunteer service and civic 
participation by individuals, schools, and organizations and thereby en- 
courage more such activity, especially on the peirt of America's youth; 
and 

(ii) facilitate awareness of the ways in which Americans throughout our 
history have helped to meet the vital needs of their communities and 
Nation through volunteer service and civic participation. 

(b) In carrying out its mission, the Council shall: 

(i) design and recommend programs to recognize individuals, schools, 
and organizations that excel in their efforts to support volunteer service 
and civic participation, especially with respect to students in primary 
schools, secondary schools, and institutions of higher learning; 

(ii) exchange information and ideas with interested individuals and organi- 
zations on ways to expand and improve programs developed pursuant 
to subsection 2(b)(i) of this order; 

(iii) advise the Chief Executive Officer of the CNCS on broad dissemination, 
especially among schools and youth organizations, of information regarding 
recommended practices for the promotion of volunteer service and civic 
participation, and other relevant educational and promotional materials; 

(iv) monitor and advise the Chief Executive Officer of the CNCS on the 
need for the enhancement of materials disseminated pursuant to subsection 
2(b)(iii) of this order; and 

(v) make recommendations from time to time to the President, through 
the Director of the USA Freedom Corps, on ways to promote and recognize 
outstanding volunteer service and civic participation by individuals, 
schools, and organizations and to promote awareness of the ways in which 
Americans throughout our history have helped to meet the vital needs 
of their communities and Nation through volunteer service and civic par- 
ticipation. 



362 



5204 Federal Register/Vol. 68. No. 22/Monday, February 3, 2003 / Presidential Documents 



[FR Doc. 03-2606 

Filed 01-31-03; 8:45 am] 

Billing code 3195-01^ 



Sec. 3. Administration, (a) Each Federal agency, to the extent permitted 
by law and subject to the availability of appropriations, shall furnish such 
information and assistance to the Council as the Council may, with the 
approval of the Director of the USA Freedom Corps, request. 

(b) The members of the Council shall serve without compensation for 
their work on the Council. Members of the Council who are not officers 
or employees of the United States may receive travel expenses, including 
per diem in lieu of subsistence, as authorized by law for persons serving 
intermittently in the Government (5 U.S.C. 5701-5707). 

(c) To the extent permitted by law, the Chief Executive Officer of the 
CNCS shall furnish the Council with necessary staff, supplies, facilities, 
and other administrative services and shall pay the expenses of the Council. 

(d) The Chief Executive Officer of the CNCS shall appoint an Executive 
Director to head the staff of the Council. 

(e) The Council, with the approval of the Chief Executive Officer of 
the CNCS, may establish subcommittees of the Council, consisting exclusively 
of members of the Council, as appropriate to aid the Council in carrying 
out its mission under this order. 

Sec. 4. General Provisions, (a) Insofar as the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.) (Act), may apply to the administration 
of any portion of this order, any functions of the President under the 
Act, except that of reporting to the Congress, shall be performed by the 
Chief Executive Officer of CNCS in accordance with the guidelines and 
procedures issued by the Administrator of General Services. 

(b) Unless extended by the President, this order shall expire 2 years 
from the date of this order. 




THE WHITE HOUSE, 
January 29, 2003. 



363 



Federal Register / Vol. 68, No. 43 / Wednesday, March. 5, 2003 / Presidential Documents 10635 

Presidential Documents 



Title 3— Executive Order 13287 of March 3, 2003 

The President Preserve America 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including the National Historic Preser- 
vation Act (16 U.S.C. 470 et seq.) (NHPA) and the National Environmental 
Policy Act (42 U.S.C. 4321 et seq.], it is hereby ordered: 

Section 1. Statement of Policy. It is the policy of the Federal Government 
to provide leadership in preserving America's heritage by actively advancing 
the protection, enhancement, and contemporary use of the historic properties 
owned by the Federal Government, and by promoting intergovernmental 
cooperation and partnerships for the preservation and use of historic prop- 
erties. The Federal Government shall recognize and manage the historic 
properties in its ownership as assets that can support department and agency 
missions while contributing to the vitality and economic well-being of the 
Nation's communities and fostering a broader appreciation for the develop- 
ment of the United States and its underlying values. Where consistent with 
executive branch department and agency missions, governing law, applicable 
preservation standards, and where appropriate, executive branch departments 
and agencies ("agency" or "agencies") shall advance this policy through 
the protection and continued use of the historic properties owned by the 
Federal Government, and by pursuing partnerships with State and local 
governments, Indian tribes, and the private sector to promote the preservation 
of the unique cultural heritage of communities and of the Nation and to 
realize the economic benefit that these properties can provide. Agencies 
shall maximize efforts to integrate the policies, procedures, and practices 
of the NHPA and this order into their program activities in order to efficiently 
and effectively advance historic preservation objectives in the pvursuit of 
their missions. 

Sec. 2. Building Preservation Partnerships. When carrying out its mission 
activities, each agency, where consistent with its mission and governing 
authorities, and where appropriate, shall seek partnerships with State and 
local governments, Indian tribes, and the private sector to promote local 
economic development and vitality through the use of historic properties 
in a manner that contributes to the long-term preservation and productive 
use of those properties. Each agency shall examine its policies, procedures, 
and capabilities to ensure that its actions encoiurage, support, and foster 
public-private initiatives and investment in the use, reuse, and rehabilitation 
of historic properties, to the extent such support is not inconsistent with 
other provisions of law, the Secretary of the Interior's Standards for Arche- 
ology and Historic Preservation, and essential national department and agen- 
cy mission requirements. 

Sec. 3. Improving Federal Agency Planning and Accountability, (a) Accurate 
information on the state of Federally owned historic properties is essential 
to achieving the goals of this order and to promoting community economic 
development through local partnerships. Each agency with real property 
management responsibilities shall prepare an assessment of the current status 
of its inventory of historic properties required by section 110(a)(2) of the 
NHPA (16 U.S.C. 470h-2(a)(2)), the general condition and management needs 
of such properties, and the steps imderway or plaimed to meet those manage- 
ment needs. The assessment shall also include an evaluation of the suitability 
of the agency's types of historic properties to contribute to community 
economic development initiatives, including heritage tourism, taking into 



364 



10636 Federal Register/ Vol. 68, No. 43 /Wednesday. March 5, 2003 / Presidential Documents 

account agency mission needs, public access considerations, and the long- 
term preservation of the historic properties. No later than September 30, 
2004, each covered agency shall complete a report of the assessment and 
make it available to the Chairman of the Advisory Council on Historic 
Preservation (Council) and the Secreteiry of the Interior (Secretary). 

(b) No later than September 30, 2004, each agency with real property 
management responsibilities shall review its regulations, management poli- 
cies, and operating procedures for compliance with sections 110 and 111 
of the NHPA (16 U.S.C. 470h-2 & 470-3) and make the results of its 
review available to the Council and the Secretary. If the agency determines 
that its regulations, management policies, and operating procedures are not 
in compliance with those authorities, the agency shall make amendments 
or revisions to bring them into compliance. 

(c) Each agency with real property management responsibilities shall, by 
September 30, 2005, and every third year thereafter, prepare a report on 
its progress in identifying, protecting, and using historic properties in its 
ownership and make the report available to the Council and the Secretary. 
The Council shall incorporate this data into a report on the state of the 
Federal Goverimient's historic properties and their contribution to local eco- 
nomic development and submit this report to the President by February 
15, 2006, and every third year thereafter. 

(d) Agencies may use existing information gathering and reporting systems 
to fulfill the assessment and reporting requirements of subsections 3(a)- 
(c) of this order. To assist agencies, the Council, in consultation with the 
Secretary, shall, by September 30, 2003, prepare advisory guidelines for 
agencies to use at their discretion. 

(e) No later than June 30, 2003, the head of each agency shall designate 
a senior policy level official to have policy oversight responsibility for 
the agency's historic preservation program and notify the Council and the 
Secretary of the designation. This senior official shall be an assistemt sec- 
retary, deputy assistant secretary, or the equivalent, as appropriate to the 
agency organization. This official, or a subordinate employee reporting di- 
rectly to the official, shall serve as the agency's Federal Preservation Officer 
in accordance with section 110(c) of the NHPA. The senior official shall 
ensure that the Federal Preservation Officer is qualified consistent with 
guidelines established by the Secretary for that position and has access 
to adequate expertise and support to carry out the duties of the position. 

Sec. 4. Improving Federal Stewardship of Historic Properties, (a) Each agency 
shall ensvure that the management of historic properties in its ownership 
is conducted in a manner that promotes the long-term preservation and 
use of those properties as Federal assets and, where consistent with agency 
missions, governing law, and the nature of the properties, contributes to 
the local community and its economy. 

(b) Where consistent with agency missions and the Secretary of the Inte- 
rior's Standards for Archeology and Historic Preservation, and where appro- 
priate, agencies shall cooperate with communities to increase opportunities 
for public benefit firom, €md access to, Federally owned historic properties. 

(c) The Coimcil is directed to use its existing authority to encourage 
and accept donations of money, equipment, and other resources from public 
and private parties to assist other agencies in the preservation of historic 
properties in Federal ownership to fulfill the goals of the NHPA and this 
order. 

(d) The National Park Service, working with the Council and in consulta- 
tion with other agencies, shall make available existing materials and informa- 
tion for education, training, and awareness of historic property stewardship 
to ensure that all Federal personnel have access to information and can 
develop the skills necessary to continue the productive use of Federally 
owned historic properties while meeting their stewardship responsibilities. 

365 



Federal Register /Vol. 68, No. 43 /Wednesday, March 5, 2003 / Presidential Documents 10637 

(e) The Council, in consultation with the National Park Service and other 
agencies, shall encourage and recognize exceptional achievement by such 
agencies in meeting the goals of the NHPA and this order. By March 31, 
2004, the Council shall submit to the President and the heads of agencies 
recommendations to further stimulate initiative, creativity, and efficiency 
in the Federal stewardship of historic properties. 

Sec. 5. Promoting Preservation Through Heritage Tourism. 

(a) To the extent permitted by law and within existing resources, the 
Secretary of Commerce, working with the Council and other agencies, shall 
assist States, Indian tribes, and local communities in promoting the use 
of historic properties for heritage tourism and related economic development 
in a manner that contributes to the long-term preservation said productive 
use of those properties. Such assistance shall include efforts to strengthen 
and improve heritage tourism activities throughout the country as they relate 
to Federally owned historic properties and significant natural assets on 
Federal lands. 

(b) Where consistent with agency missions and governing law, and where 
appropriate, agencies shall use historic properties in their ownership in 
conjunction with State, tribal, and local tourism programs to foster viable 
economic partnerships, including, but not limited to, cooperation and coordi- 
nation with tourism officials £md others with interests in the properties. 

Sec. 6. National and Homeland Security Considerations. 

Nothing in this order shall be construed to require any agency to take 
any action or disclose any information that would conflict with or com- 
promise national and homeland security goals, policies, programs, or activi- 
ties. 

Sec. 7. Definitions. For the piuposes of this order, the term "historic property" 
means amy prehistoric or historic district, site, building, structure, and object 
included on or eligible for inclusion on the National Register of Historic 
Places in accordance with section 301(5) of the NHPA (16 U.S.C. 470w(5)). 
The terra "heritage tourism" means the business and practice of attracting 
and accommodating visitors to a place or area based especially on the 
unique or special aspects of that locale's history, landscape (including trail 
systems), and cultmre. The terms "Federally owned" and "in Federal owner- 
ship," and similar terms, as used in this order, do not include properties 
acquired by agencies as a result of foreclosm-e or similar actions and that 
are held for a period of less than 5 years. 

Sec. 8. Judicial Review. This order is intended only to improve the internal 
management of the Federal Govenmient and it is not intended to, and 
does not, create any right or benefit, substantive or procediural, enforceable 
at law or equity by a party against the United States, its departments, 



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agencies, instrumentalities or entities, its officers or employees, or any other 
person. 



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March 3, 2003. 



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Presidential Documents 



Executive Order 13316 of September 17, 2003 

Continuance of Certain Federal Advisory Committees 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in accordance with the provisions 
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it 
is hereby ordered as follows: 

Section 1. Each advisory committee listed below is continued until September 
30, 2005. 

(a) Committee for the Preservation of the White House; Executive Order 
11145, as amended (Department of the Interior). 

(b) National Infrastructure Advisory Council; Section 3 of Executive Order 
13231, as amended (Department of Homeland Security). 

(c) Federal Advisory Council on Occupational Safety and Health; Executive 
Order 12196, as amended (Department of Labor). 

(d) President's Board of Advisors on Historically Black Colleges and Univer- 
sities; Executive Order 13256 (Department of Education). 

(e) President's Board of Advisors on Tribal Colleges and Universities; 
Executive Order 13270 (Department of Education). 

(f) President's Commission on White House Fellowships; Executive Order 
11183, as amended (Office of Personnel Management). 

(g) President's Committee on the Arts and the Humanities; Executive Order 
12367, as amended (National Endowment for the Arts). 

(h) President's Committee on the International Labor Organization; Execu- 
tive Order 12216, as amended (Department of Labor). 

(i) President's Committee on the National Medal of Science; Executive 
Order 11287, as amended (National Science Foundation). 

(j) President's Council on Bioethics; Executive Order 13237 (Department 
of Health and Human Services). 

(k) President's Covmcil on Physiced Fitness and Sports; Executive Order 
13265 (Department of Health and Human Services). 

(1) President's Export Council; Executive Order 12131, as amended (Depart- 
ment of Commerce). 

(m) President's National Secxu-ity Telecommunications Advisory Com- 
mittee; Executive Order 12382, as amended (Department of Homeland Secu- 
rity). 

(n) Trade and Enviroiunent Policy Advisory Committee; Executive Order 
12905 (Office of the United States Trade Representative). 
Sec. 2. Notwithstanding the provisions of any other Executive Order, the 
functions of the President under the Federal Advisory Committee Act that 
are applicable to the committees listed in section 1 of this order shall 
be performed by the head of the department or agency designated after 
each committee, in accordance with the guidelines and procedures estab- 
lished by the Administrator of General Services. 

Sec. 3. The following Executive Orders, or sections thereof, which established 

committees that have terminated or whose work is completed, are revoked: 

(a) Sections 5 through 7 of Executive Order 13111, as amended by Executive 

Order 13188 and Section 3(a) of Executive Order 13218, pertaining to the 



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estabUshment of the Advisory Committee on Expanding Training Opportuni- 
ties; 

(b) Executive Order 12975, as amended by Executive Orders 13018, 13046, 
and 13137, establishing the National Bioethics Advisory Commission; 

(c) Executive Order 13227, as amended by Executive Order 13255, estab- 
lishing the President's Commission on Excellence in Special Education; 

(d) Executive Order 13278, establishing the President's Commission on 
the United States Postal Service; 

(e) Executive Order 13210, establishing the President's Commission to 
Strengthen Social Security; 

(f) Sections 5 through 8 of Executive Order 13177, pertaining to the 
establishment of the President's Council on the Use of Offsets in Commercial 
Trade; 

(g) Executive Order 13263, establishing the President's New Freedom Com- 
mission on Mental Health; 

(h) Executive Order 13214, establishing the President's Task Force to 
Improve Health Care Delivery for Our Nation's Veterans; and 

(i) Executive Order 13147, as amended by Executive Order 13167, estab- 
lishing the White House Commission on Complementary and Alternative 
Medicine Policy. 
Sec. 4. Executive Order 13225 is superseded. 

Sec. 5. Section l-102(a) of Executive Order 12131, as amended, is further 
amended to read as follows: 
"(a) The heads of the following executive agencies or their representatives: 

(1) Department of State. 

(2) Department of the Treasury. 

(3) Department of Agriculture. 

(4) Department of Commerce. 

(5) Department of Labor. 

(6) Department of Energy, 

(7) Department of Homeland Security. 

(8) Office of the United States Trade Representative. 

(9) Export-Import Bank of the United States. 

(10) Small Business Administration." 

Sec. 6. This order shall be effective September 30. 2003. 




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September 17, 2003. 



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Billing code 3105-01-P 



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Vol. 69, No. 25 

Friday, Febraary 6, 2004 



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Presidential Documents 



Tide 3— 

The President 



Executive Order 13327 of February 4, 2004 
Federal Real Property Asset Management 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including section 121(a) of title 40, 
United States Code, and in order to promote the efficient and economical 
use of Federal real property resources in accordance -wiih. their value as 
national assets and in the best interests of the Nation, it is hereby ordered 
as follows: 

Section 1. Policy. It is the policy of the United States to promote the 
efficient and economical use of America's real property assets and to assure 
management accountability for implementing Federal real property manage- 
ment reforms. Based on this policy, executive branch departments and agen- 
cies shall recognize the importance of real property resources through in- 
creased management attention, the establishment of clear goals and objectives, 
improved policies and levels of accountability, and other appropriate action. 

Sec. 2. Definition and Scope, (a) For the purpose of this executive order. 
Federal real property is defined as any real property owned, leased, or 
otherwise managed by the Federal Government, both within and outside 
the United States, and improvements on Federal lands. For the piupose 
of this order, Federal real property shall exclude: interests in real property 
assets that have been disposed of for public benefit purposes pursuant 
to section 484 of title 40, United States Code, and are now held in private 
ownership; land easements or rights-of-way held by the Federal Government; 
public domain land (including lands wididrawn for military purposes) or 
land reserved or dedicated for national forest, national park, or national 
wildlife refuge purposes except for improvements on those lands; land held 
in trust or restricted fee status for individual Indians or Indian tribes; and 
land and interests in land that are withheld fi:om the scope of this order 
by agency heads for reasons of national security, foreign policy, or public 
safety. 

(b) This order shall not be interpreted to supersede any existing authority 
under law or by executive order for real property asset management, with 
the exception of the revocation of Executive Order 12512 of April 29, 1985, 
in section 8 of this order. 

Sec. 3. Establishment and Responsibilities of Agency Senior Real Property 
Officer, (a) The heads of all executive branch departments and agencies 
cited in sections 901(b)(1) and (b)(2) of title 31, United States Code, and 
the Secretary of Homeland Security, shall designate among their senior 
management officials, a Senior Real Property Officer. Such officer shall 
have the education, training, and experience required to administer the 
necessary functions of the position for the particular agency. 

(b) The Senior Real Property Officer shall develop and implement an 
agency asset management planning process that meets the form, content, 
and other requirements established by the Federal Real Property Council 
established in section 4 of this order. The initial agency asset management 
plan will be submitted to the Office of Management and Budget on a date 
determined by the Director of the Office of Management and Budget. In 
developing this plan, the Senior Real Property Officer shall: 



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5898 Federal Register /Vol. 69, No. 25 /Friday, February 6, 2004 / Presidential Documents 

(i) identify and categorize all real property owned, leased, or other- 
wise managed by the agency, including, where applicable, those 
properties outside the United States in which the lease agreements 
and arrangements reflect the host country currency or involve alter- 
native lease plans or rental agreements; 

(ii) prioritize actions to be taken to improve the operational and finan- 
cial management of the agency's real property inventory; 

(iii) make life-cycle cost estimations associated with the prioritized ac- 
tions; 

(iv) identify legislative authorities that are required to address these 

priorities; 
(v) identify and pursue goals, with appropriate deadlines, consistent 
with and supportive of the agency's asset management plan and 
measure progress against such goals; 

(vi) incorporate planning and management requirements for historic 
property under Executive Order 13287 of March 3, 2003, and for 
environmental management under Executive Order 13148 of April 
21, 2000; and 

(vii) identify any other information and pursue any other actions nec- 
essary to the appropriate development and implementation of the 
agency asset management plan. 

(c) The Senior Real Property Officer shall be responsible, on an ongoing 
basis, for monitoring the real property assets of the agency so that agency 
assets are managed in a manner that is: 

(i) consistent with, and supportive of, the goals and objectives set 
forth in the agency's overall strategic plan imder section 306 of 
title 5, United States Code; 

(ii) consistent with the real property asset management principles de- 
veloped by the Federal Real Property Council established in section 
4 of this order; and 

(iii) reflected in the agency asset management plan. 

(d) The Senior Real Property Officer shall, on an annual basis, provide 
to the Director of the Office of Management and Budget and the Administrator 
of General Services: 

(i) information that lists and describes real property assets under the 
jurisdiction, custody, or control of that agency, except for classified 
information; and 

(ii) any other relevant information the Director of the Office of Man- 
agement and Budget or the Administrator of General Services may 
request for inclusion in the Government-wide listing of all Federal 
real property assets and leased property. 

(e) The designation of the Senior Real Property Officer shall be made 
by agencies within 30 days after the date of this order. 

Sec. 4. Establishment of a Federal Real Property Council, (a) A Federal 
Real Property Council (Council) is established, within the Office of Manage- 
ment and Budget for administrative purposes, to develop guidance for, and 
facilitate the success of, each agency's asset management plan. The Council 
shall be composed exclusively of all agency Senior Real Property Officers, 
the Controller of the Office of Management and Budget, the Administrator 
of General Services, and any other full-time or permanent part-time Federal 
officials or employees as deemed necessary by the Chairman of the Council. 
The Deputy Director for Management of the Office of Management and 
Budget shall also be a member and shall chair the Council. The Office 
of Management and Budget shall provide funding and administrative support 
for the Covmcil, as appropriate. 

(b) The Council shall provide a venue for assisting the Senior Real Property 
Officers in the development and implementation of the agency asset manage- 
ment plans. The Council shall work with the Administrator of General 
Services to establish appropriate performance measures to determine the 
effectiveness of Federal real property management. Such performance meas- 
ures shall include, but are not limited to, evaluating the costs and benefits 

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Federal Register/ Vol. 69, No. 25 /Friday, February 6, 2004 /Presidential Documents 5899 

involved with acquiring, repairing, maintaining, operating, managing, and 

disposing of Federal real properties at particular agencies. Specifically, the 

Council shall consider, as appropriate, the following performance measures: 

(i) life-cycle cost estimations associated with the agency's prioritized 

actions; 
(ii) the costs relating to the acquisition of real property assets by pur- 
chase, condemnation, exchange, lease, or otherwise; 
(iii) the cost and time required to dispose of Federal real property as- 
sets and the financial recovery of the Federal investment resulting 
from the disposal; 
(iv) the operating, maintenance, and security costs at Federal prop- 
erties, including but not limited to the costs of utility services at 
unoccupied properties; 
(v) the environmental costs associated with ownership of property, in- 
cluding the costs of environmental restoration and compliance ac- 
tivities; 
(vi) changes in the amounts of vacant Federal space; 
(vii) the realization of equity value in Federal real property assets; . 
(viii) opportunities for cooperative arrangements with the commercial 
real estate community; and 
(be) the enhancement of Federal agency productivity through an im- 
proved working environment. The performance measures shall be 
designed to enable the heads of executive branch agencies to track 
progress in the achievement of Government-wide property manage- 
ment objectives, as well as allow for comparing the performance 
of executive branch agencies against industry and other public sec- 
tor agencies. 

(c) The Council shall serve as a clearinghouse for executive agencies 
for best practices in evaluating actual progress in the implementation of 
real property enhancements. The Council shall also work in conjunction 
with the President's Management Council to assist the efforts of the Senior 
Real Property Officials and the implementation of agency asset management 
plans. 

(d) The Council shall be organized and hold its first meeting within 
60 days of the date of this order. The Covmcil shall hold meetings not 
less often than once a quarter each fiscal year. 

Sec. 5. Role of the General Services Administration, (a) The Administrator 
of General Services shall, to the extent permitted by law and in consultation 
with the Federal Real Property Council, provide policy oversight and guid- 
ance for executive agencies for Federal real property management; manage 
selected properties for an agency at the request of that agency and with 
the consent of the Administrator; delegate operational responsibilities to 
an agency where the Administrator determines it will promote efficiency 
and economy, and where the receiving agency has demonstrated the ability 
and willingness to assume such responsibilities; and provide necessary lead- 
ership in the development and maintenance of needed property management 
information systems, 

(b) The Administrator of General Services shall publish common perform- 
ance measures and standards adopted by the Council. 

(c) The Administrator of General Services, in consultation with the Federal 
Real Property Council, shall establish and maintain a single, comprehensive, 
and descriptive database of all real property under the custody and control 
of all executive branch agencies, except when otherwise required for reasons 
of national security. The Administrator shall collect from each executive 
branch agency such descriptive information, except for classified information, 
as the Administrator considers will best describe the nature, use, and extent 
of the real property holdings of the Federal Govenmient. 

(d) The Administrator of General Services, in consultation with the Federal 
Real Property Council, may establish data euid other information technology 
(IT) standards for use by Federal agencies in developing or upgrading Federal 

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agency real property information systems in order to facilitate reporting 
on a uniform basis. Those agencies with peirticular IT standards and systems 
in place and in use shall be allowed to continue with such use to the 
extent that they are compatible with the standards issued by the Adminis- 
trator. 

Sec. 6. General Provisions, (a) The Director of the Office of Management 
and Budget shall review, through the management and budget review proc- 
esses, the efforts of departments and agencies in implementing their asset 
management plans and achieving the Government-wide property management 
policies established pvu-suant to this order. 

(b) The Office of Management and Budget and the General Services Admin- 
istration shall, in consultation with the landholding agencies, develop legisla- 
tive initiatives that seek to improve Federal real property management 
through the adoption of appropriate industry management techniques and 
the establishment of managerial accountability for implementing effective 
and efficient real property management practices. 

(c) Nothing in this order shall be construed to impair or otherwise affect 
the authority of the Director of the Office of Management and Budget with 
respect to budget, administrative, or legislative proposals. 

(d) Nothing in this order shall be construed to affect real property for 
the use of the President, Vice President, or, for protective purposes, the 
United States Secret Service. 

Sec. 7. Public Lands. In order to ensure that Federally owned lands, other 
than the real property covered by this order, are managed in the most 
effective and economic manner, the Departments of Agriculture and the 
Interior shall take such steps as are appropriate to improve their management 
of public lands and National Forest System lands and shall develop appro- 
priate legislative proposals necessary to facilitate that result. 

Sec. 8. Executive Order 12512 of April 29, 1985, is hereby revoked. 

Sec. 9. Judicial Review. This order is intended only to improve the internal 
management of the executive branch and is not intended to, and does 
not, create any right or benefit, substantive or procediu-al, enforceable at 
law or in equity, against the United States, its departments, agencies, or 
other entities, its officers or employees, or any other person. 



[FR Doc. 04-2773 
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Billing code 3195-01-P 




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Vol. 69, No. 38 

Thursday, February 26, 2004 



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Presidential Documents 



Title 3— 

The President 



Executive Order 13330 of February 24. 2004 
Human Service Transportation Coordination 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and to enhance access to transportation 
to improve mobility, employment opportunities, and access to community 
services for persons who are transportation-disadvantaged, it is hereby or- 
dered as follows: 

Section 1. This order is issued consistent with the following findings and 
principles: 

(a) A strong America depends on citizens who are productive and who 
actively participate in the life of their communities, 

(b) Transportation plays a critical role in providing access to employment, 
medical and health care, education, and other community services and amen- 
ities. The importance of this role is underscored by the variety of transpor- 
tation programs that have been created in conjunction with health and 
human service programs, and by the significant Federal investment in acces- 
sible public transportation systems throughout the Nation. 

(c) These transportation resources, however, are often difficult for citizens 
to understand and access, and are more costly them necessary due to incon- 
sistent and unnecessary Federal and State program rules and restrictions. 

(d) A broad range of Federal program funding allows for the ptrrchase 
or provision of transportation services and resources for persons who are 
transportation-disadvantaged. Yet, in too many commimities, these services 
and resoiu*ces are fragmented, unused, or altogether unavailable. 

(e) Federally assisted conmiunity transportation services should be seam- 
less, comprehensive, and accessible to those who rely on them for their 
lives and livelihoods. For persons with mobility limitations related to ad- 
vanced age, persons with disabilities, and persons struggling for self-suffi- 
ciency, transportation within and between our communities should be as 
available and affordable as possible. 

(f) The development, implementation, and maintenance of responsive, 
comprehensive, coordinated community transportation systems is essential 
for persons with disabilities, persons with low incomes, and older adults 
who rely on such transportation to fully participate in their communities. 
Sec. 2. Definitions, (a) As used in this order, the term "agency" means 
an executive department or agency of the Federal Government. 

Gb) For the purposes of this order, persons who are transportation-disadvan- 
taged are persons who qualify for Federally conducted or Federally assisted 
transportation-related programs or services due to disability, income, or ad- 
vanced age. 

Sec. 3. Establishment of the Interagency Transportation Coordinating Council 
on Access and Mobility, (a) There is hereby established, within the Depart- 
ment of Transportation for administrative purposes, the "Interagency Trans- 
portation Coordinating Council on Access and Mobility" ("Interagency Trans- 
portation Coordinating Council" or "Council"). The membership of the Inter- 
agency Transportation Coordinating Council shall consist of: 

(i) the Secretaries of Transportation, Health and Human Services, Edu- 
cation, Labor, Veterans Affairs, Agriculture, Housing and Urban De- 
velopment, and the Interior, the Attorney General, and the Com- 
missioner of Social Secimty; and 



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9186 Federal Register /Vol. 69, No. 38 /Thursday, February 26, 2004 / Presidential Documents 

(il) such other Federal officials as the Chairperson of the Council may 
designate. 

(b) The Secretary of Transportation, or the Secretary's designee, shall 
serve as the Chairperson of the Council. The Chairperson shall convene 
and preside at meetings of the Council, determine its agenda, direct its 
work, and, as appropriate to particular subject matters, establish and direct 
subgroups of the Council, which shall consist exclusively of the Council's 
members. 

(c) A member of the Council may designate any person who is part 
of the member's agency and who is an officer appointed by the President 
or a full-time employee serving in a position with pay equal to or greater 
than the minimum rate payable for GS-15 of the General Schedule to perform 
functions of the Council or its subgroups on the member's behalf. 

Sec 4. Functions of the Interagency Transportation Coordinating Council. 
The Interagency Transportation Coordinating Council shall: 

(a) promote interagency cooperation and the establishment of appropriate 
mechanisms to minimize duplication and overlap of Federal programs and 
services so that transportation-disadvantaged persons have access to more 
transportation services; 

(b) facilitate access to the most appropriate, cost-effective transportation 
services within existing resources; 

(c) encourage enhanced customer access to the variety of transportation 
and resoinces available; 

(d) formulate and implement administrative, policy, and procedxnal mecha- 
nisms that enhance transportation services at all levels; and 

(e) develop and implement a method for monitoring progress on achieving 
the goals of this order. 

Sec. 5. Report. In performing its functions, the Interagency Transportation 
Coordinating Council shall present to me a report not later than 1 calendar 
year from the date of this order. The report shall: 

(a) Identify those Federal, State, Tribal and local laws, regulations, proce- 
dures, and actions that have proven to be most useful and appropriate 
in coordinating transportation services for the targeted populations; 

(b) Identify substantive and procedural requirements of transportation- 
related Federal laws and regulations that are duplicative or restrict the 
laws' and regulations' most efficient operation; 

(c) Describe the results achieved, on an agency and program basis, in: 
(i) simplifying access to transportation services for persons with disabilities, 
persons with low income, and older adults; (ii) providing the most appro- 
priate, cost-effective transportation services within existing resources; and 
(iii) reducing duplication to make funds available for more services to more 
such persons; 

(d) Provide recommendations to simplify and coordinate applicable sub- 
stantive, procedirral, and administrative requirements; and 

(e) Provide any other recommendations that would, in the judgment of 
the Coimcil, advance the principles set forth in section 1 of this order. 
Sec. 6. General, [a] Agencies shall assist the Interagency Transportation 
Coordinating Council and provide information to the Council consistent 
with applicable law as may be necessary to carry out its functions. To 
the extent permitted by law, and as permitted by available agency resources, 
the Department of Transportation shall provide funding and administrative 
support for the Council. 

(b) Nothing in this order shall be construed to impair or otherwise affect 
the functions of the Director of the Office of Management and Budget relating 
to budget, administrative, or legislative proposals. 

(c) This order is intended only to improve the internal management of 
the executive branch and is not intended to, and does not, create any 

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right or benefit, substantive or procedural, enforceable at law or in equity 
by a party against the United States, its departments, agencies, instrumental- 
ities or entities, its officers or employees, or any other person. 



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Vol. 69, No. 98 
Thursday, May 20, 2004 



29043 



Presidential Documents 



Title 3— 

The President 



Executive Order 13340 of May 18, 2004 

Establishment of Great Lakes Interagency Task Force and 
Promotion of a Regional Collaboration of National Signifi- 
cance for the Great Lakes 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and to help establish a regional 
collaboration of national significance for the Great Lakes, it is hereby ordered 
as follows: 

Section 1. Policy. The Great Lakes are a national treasure constituting the 
largest freshwater system in the world. The United States and Canada have 
made great progress addressing past and current environmental impacts 
to the Great Lakes ecology. The Federal Government is committed to making 
progress on the many significant challenges that remain. Along with numer- 
ous State, tribal, and local programs, over 140 Federal progreims help fund 
and implement environmental restoration and management activities through- 
out the Great Lakes system. A number of intergovernmental bodies are 
providing leadership in the region to address enviroimiental and resource 
management issues in the Great Leikes system. These activities would benefit 
substantially from more systematic collaboration and better integration of 
effort. It is the policy of the Federal Government to support local and 
regional efforts to address environmental challenges and to encourage local 
citizen and community stewardship. To this end, the Federal Government 
will partner with the Great Lakes States, tribal and local governments, com- 
munities, and other interests to establish a regional collaboration to address 
nationally significant environmental and natural resource issues involving 
the Great Lakes. It is the further policy of the Federal Government that 
its executive departments and agencies will ensure that their programs are 
funding effective, coordinated, and environmentally sound activities in the 
Great Lakes system. 

Sec. 2. Definitions. For purposes of this order: 

(a) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron (including 
Lake Saint Clair), Lake Michigan, and Lake Superior, and the connecting 
channels (Saint Marys River, Saint Clair River, Detroit River, Niagara River, 
and Saint Lawrence River to the Canadian Border). 

(b) "Great Lakes system" means all the streams, rivers, lakes, and other 
bodies of water within the drainage basin of the Great Lakes. 

Sec. 3. Great Lakes Interagency Task Force. 

(a) Task Force Purpose. To further the policy described in section 1 
of this order, there is established, within the Environmental Protection Agen- 
cy for administrative purposes, the "Great Lakes Interagency Task Force" 
(Task Force) to: 

(i) Help convene and establish a process for collaboration among the 
members of the Task Force and the members of the Working Group 
that is established in paragraph b(ii) of this section, with the Great 
Lakes States, local conununities, tribes, regional bodies, and other 
interests in the Great Lakes region regarding policies, strategies, 
plans, programs, projects, activities, and priorities for the Great 
Lakes system, 
(ii) Collaborate with Canada and its provinces and with bi-national 
bodies involved in the Great Lakes region regarding policies, strate- 
gies, projects, and priorities for the Great Lakes system. 



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(iii) Coordinate the development of consistent Federal policies, strate- 
gies, projects, and priorities for addressing the restoration and pro- 
tection of the Great Lakes system and assisting in the appropriate 
management of the Great Lakes system. 

(iv) Develop outcome-based goals for the Great Lakes system relying 
upon, among other things, existing data and science-based indica- 
tors of water quality and related environmental factors. These goals 
shall focus on outcomes such as cleaner water, sustainable fish- 
eries, and biodiversity of the Great Lakes system and ensure that 
Federal policies, strategies, projects, and priorities support measur- 
able results, 
(v) Exchange information regarding policies, strategies, projects, and 
activities of the agencies represented on the Task Force related to 
the Great Lakes system. 

(vi) Work to coordinate government action associated with the Great 
Lakes system. 

(vii) Ensure coordinated Federal scientific and other research associated 

with the Great Lakes system, 
(viii) Ensure coordinated government development and implementation 
of the Great Lakes portion of the Global Earth Observation System 
of Systems. 

(ix) Provide assistance and support to agencies represented on the Task 

Force in their activities related to the Great Lakes system, 
(x) Submit a report to the President by May 31, 2005, and thereafter 
as appropriate, that summarizes the activities of the Task Force 
and provides any recommendations that would, in the judgment 
of the Task Force, advance the policy set forth in section 1 of this 
order. 

fb) Membership and Operation. 

(i) The Task Force shall consist exclusively of the following officers 
of the United States: the Administrator of the Environmental Pro- 
tection Agency (who shall chair the Task Force), the Secretary of 
State, the Secretary of the Interior, the Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of Housing and Urban Devel- 
opment, the Secretary of Transportation, the Secretary of Homeland 
Security, the Secretary of the Army, and the Chairman of the 
Council on Environmental Quality. A member of the Task Force 
may designate, to perform the Task Force functions of the member, 
any person who is part of the member's department, agency, or 
office and who is either an officer of the United States appointed 
by the President or a full-time employee serving in a position with 
pay equal to or greater than the minimum rate payable for GS- 
15 of the General Schedule. The Task Force shall report to the 
President through the Chairman of the Council on Environmental 
Quality, 

(ii) The Task Force shall establish a "Great Lakes Regional Working 
Group" (Working Group) composed of the appropriate regionaJ ad- 
ministrator or director with programmatic responsibility for the 
Great Lakes system for each agency represented on the Task Force 
including: the Great Lakes National Program Office of the Environ- 
mental Protection Agency; the United States Fish and Wildlife 
Service, National Park Service, and United States Geological Survey 
within the Department of the Interior; the Natural Resources Con- 
servation Service and the Forest Service of the Department of Agri- 
culture; the National Oceanic and Atmospheric Administration of 
the Department of Commerce; the Department of Housing emd 
Urban Development; the Department of Transportation; the Coast 
Guard within the Department of Homeland Security; and the Army 
Corps of Engineers within the Department of the Army. The Work- 
ing Group will coordinate and make recommendations on how to 
implement the policies, strategies, projects, and priorities of the 
Task Force. 



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Federal Register/ Vol. 69, No. 98 /Thursday, May 20, 2004 / Presidential Documents 29045 

(c) Management Principles for Regional Collaboration of National Signifi- 
cance. To further the policy described in section 1, the Task Force shall 
recognize and apply key principles and foster conditions to ensure successful 
collaboration. To that end, the Environmental Protection Agency will coordi- 
nate the development of a set of principles of successful collaboration. 
Sec. 4. Great Lakes National Program Office. The Great Lakes National 
Program Office of the Environmental Protection Agency shall assist the 
Task Force and the Working Group in the performance of their functions. 
The Great Lakes National Program Manager shall serve as chair of the 
Working Group. 

Sec. 5. Preservation of Authority. Nothing in this order shall be construed 
to impair or otherwise affect the functions of the Director of the Office 
of Management and Budget relating to budget, administrative, regulatory, 
and legislative proposals. Nothing in this order shall be construed to affect 
the statutory authority or obligations of any Federal agency or any bi-national 
agreement with Canada. 

Sec. 6. fudicial Review. This order is intended only to improve the internal 
management of the Federal Government and is not intended to, and does 
not, create any right, benefit, or trust responsibility, substantive or procedural, 
enforceable at law or in equity by a party against the United States, its 
departments, agencies, instrumentalities or entities, its officers or employees, 
or any other person. 



[FR Doc. 04-11592 
Filed 5-19-04; 8:45 am) 
Billing cx)de 3105-01^ 




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THE WHITE HOUSE, 
May 18, 2004. 



379 



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Vol. 69, No. 142 
Monday, July 26. 2004 



44573 



Presidential Documents 



Title 3— 

The President 



Executive Order 13347 of July 22, 2004 

Individuals With Disabilities in Emergency Preparedness 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and to strengthen emergency prepared- 
ness with respect to individuals with disabilities, it is hereby ordered as 
follows: 

Section 1. Policy. To ensure that the Federal Government appropriately 
supports safety and security for individuals with disabilities in situations 
involving disasters, including earthquakes, tornadoes, fires, floods, hurri- 
canes, and acts of terrorism, it shall be the policy of the United States 
that executive departments and agencies of the Federal Government (agen- 
cies): 

(a) consider, in their emergency preparedness plaiming, the unique needs 
of agency employees with disabilities and individuals witii disabilities whom 
the agency serves; 

(b) encourage, including through the provision of technical eissistance, 
as appropriate, consideration of the unique needs of employees and individ- 
uals with disabilities served by State, local, and tribal governments and 
private organizations and individuals in emergency preparedness planning; 
and 

(c) facilitate cooperation among Federal, State, local, and tribal governments 
and private organizations and individuals in the implementation of emer- 
gency preparedness plems as they relate to individuals with disabilities. 

Sec. 2. Establishment of Council, (a) There is hereby established, within 
the Department of Homeland Security for administrative purposes, the Inter- 
agency Coordinating Council on Emergency Preparedness and Individuals 
with Disabilities (the "Council"). The Council shall consist exclusively of 
the following members or their designees: 

(i) the heads of executive departments, the Administrator of the Envi- 
ronmental Protection Agency, the Administrator of General Serv- 
ices, the Director of the Office of Personnel Management, and the 
Commissioner of Social Security; and 

(ii) any other agency head as the Secretary of Homeland Security may, 
with the concurrence of the agency head, designate. 

(b) The Secretary of Homeland Security shall chair the Council, convene 
and preside at its meetings, determine its agenda, direct its work, and, 
as appropriate to particular subject matters, establish and direct subgroups 
of the Council, which shall consist exclusively of Coujicil members. 

(c) A member of the Council may designate, to perform the Coimcil functions 
of the member, an employee of the member's department or agency who 
is either an officer of the United States appointed by the President, or 
a full-time employee serving in a position with pay equal to or greater 
than the minimum rate payable for GS-15 of the General Schedule. 

Sec. 3. Functions of Council, (a) The Council shall: 

(i) coordinate implementation by agencies of the policy set forth in 
section 1 of this order; 



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(ii) whenever the Council obtains in the perfonnance of its functions 
information or advice from any individual who is not a full-time 
or permanent part-time Federal employee, obtain such information 
and advice only in a manner that seeks individual advice and does 
not involve collective judgment or consensus advice or delibera- 
tion; and 
(iii) at the request of any agency head (or the agency head's designee 
under section 2(c) of this order) who is a member of the Council, 
unless the Secretary of Homeland Security declines the request, 
promptly review and provide advice, for the piurpose of furthering 
the policy set forth in section 1, on a proposed action by that 
agency, 
(b) The Council shall submit to the President each year beginning 1 year 
after the date of this order, through the Assistant to the President for Home- 
land Seciu"ity, a report that describes: 

(i) the achievements of the Council in implementing the policy set 

forth in section 1; 
(ii) the best practices among Federal, State, local, and tribal govern- 
ments and private organizations and individuals for emergency pre- 
paredness planning with respect to individuals with disabilities; 
and 
(iii) recommendations of the Council for advancing the policy set forth 
in section 1. 
Sec. 4. General, (a) To the extent permitted by law: 

(i) agencies shall assist and provide information to the Council for the 

performance of its functions under this order; and 
(ii) the Department of Homeland Security shall provide funding and 
administrative support for the Council. 

(b) Nothing in this order shall be construed to impair or otherwise affect 
the functions of the Director of the Office of Management and Budget relating 
to budget, administrative, or legislative proposals. 

(c) This order is intended only to improve the internal management of 
the executive branch and is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or in equity 
by a party against the United States, its departments, agencies, instnm:iental- 
ities, or entities, its officers or employees, or any other person. 



[FR Doc. 04-17150 
Filed 7-23-04: 11:37 am] 
Billing code 3195-01-P 




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THE WHITE HOUSE, 
July 22, 2004. 



381 



Federal Register /Vol. 69, No. 167 /Monday, August 30, 2004 / Presidential Documents 52989 

Presidential Documents 



Executive Order 13352 of August 26, 2004 
Facilitation of Cooperative Conservation 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Purpose. The purpose of this order is to ensure that the Depart- 
ments of the Interior, Agriculture, Commerce, and Defense and the Environ- 
mental Protection Agency implement laws relating to the environment and 
natural resources in a manner that promotes cooperative conservation, with 
an emphasis on appropriate inclusion of local participation in Federal deci- 
sionmaking, in accordance with their respective agency missions, policies, 
and regulations. 

Sec. 2. Definition. As used in this order, the term "cooperative conservation" 
means actions that relate to use, enhancement, and enjoyment of natxiral 
resources, protection of the environment, or both, and that involve collabo- 
rative activity among Federal, State, local, and tribal governments, private 
for-profit and nonprofit institutions, other nongovernmental entities and indi- 
viduals. 

Sec. 3. Federal Activities. To carry out the pm"pose of this order, the Secre- 
taries of the Interior, Agriculture, Commerce, and Defense and the Adminis- 
trator of the Environmental Protection Agency shall, to the extent permitted 
by law and subject to the availability of appropriations and in coordination 
with each other as appropriate: 

(a) carry out the programs, projects, and activities of the agency that 
they respectively head that implement laws relating to the environment 
and natural resources in a maimer that: 

(i) facilitates cooperative conservation; 

(ii) takes appropriate account of and respects the interests of persons 
with ownership or other legally recognized interests in land and other 
natural resources; 

(iii) properly accommodates local participation in Federal decision- 
making; and 

(iv) provides that the programs, projects, and activities are consistent 
with protecting public health and safety; 

(b) report annually to the Chairman of the Council on Environmental 
Quality on actions taken to implement this order; and 

(c) provide funding to the Office of Environmental Quality Management 
Fund {42 U.S.C. 4375) for the Conference for which section 4 of this order 
provides. 

Sec. 4. White House Conference on Cooperative Conservation. The Chairman 
of the Council on Environmental Quality shall, to the extent permitted 
by law and subject to the availability of appropriations: 

(a) convene not later than 1 year after the date of this order, and thereafter 
at such times as the Chairman deems appropriate, a White House Conference 
on Cooperative Conservation (Conference) to facilitate the exchange of infor- 
mation and advice relating to (i) cooperative conservation and (ii) means 
for achievement of the purpose of this order; and 

(b) ensure that the Conference obtains information in a manner that seeks 
from Conference participants their individual advice and does not involve 
collective judgment or consensus advice or deliberation. 



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Sec. 5. General Provision. This order is not intended to, and does not, 
create any right or benefit, substantive or procedural, enforceable at law 
or in equity by any party against the United States, its departments, agencies, 
instrumentalities or entities, its officers, employees or agents, or any other 
person. 



(FR Doc. 04-19909 
Filed 6-27-04; 11:31 am) 
Billing code 3195-01-P 




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THE WHITE HOUSE, 
August 26, 2004. 



383 



Federal Register 

Vol. 69. No. 244 

Tuesday, December 21. 2004 



76591 



Presidential Documents 



Title 3— 

The President 



Executive Order 13366 of December 17, 2004 
Committee on Ocean Policy 



By the authority vested in me as President by the Constitution and the 
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. It shall be the policy of the United States to: 

(a) coordinate the activities of executive departments and agencies regard- 
ing ocean-related matters in an integrated and effective manner to advance 
the environmental, economic, and security interests of present and futtire 
generations of Am